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2023-01-10 Planning Commission Packet� PLANNING COMMISSION vO � ;, KAAI NA S. HULL, CLERK OF COMMISSION HELEN COX, CHAIR.,, �� FRANCIS DEGRACIA, VICE CHAIR GERALD AKO, MEMBER r-:, r:-r·F· I. L • DONNA APISA, MEMBER JERRY ORNELLAS, MEMBER LORI OTSUKA, MEMBER •The Planning Commission Meeting will be in-person at: o LThu'e Civic Center, Moikeha Building o Meeting Room 2A-2B o 4444 Rice Street, LThu'e, Kaua'i, Hawai'i ·23 JAN -4 A 7 :33 r t � ' . _j , Y ,-I :: 1, { "'I Y'j' 'l • Written testimony indicating your 1) name or ps¥ 8 ym, ta a·L1f;1pplicable, your position/title and organization you are representing, and 2) the agenda item that you are providing comment on, may be submitted on any agenda item in writing to planningdepartment@kauai.gov or mailed to the County of Kaua'i Planning Department, 4444 Rice Street, Suite 473, Lihu'e, Hawai'i 96766. Written testimony received by the Planning Department at least 24 hours prior to the meeting will be distributed to all Planning Commissioners prior to the meeting. Any testimony received after this time and up to the start of the meeting will be summarized by the Clerk of the Commission during the meeting and added to the record thereafter. •Oral testimony will be taken on specific agenda items, in-person at the public meeting location indicated on the meeting agenda. IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF BOARDS & COMMISSIONS AT (808) 241-4917 OR ASEGRETl@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. 4444 Rice Street, Suite A473 • LThu'e, Hawai'i 96766 • (808) 241-4050 (b) An Equal Opportunity Employer PLANNING COMMISSION MEETING NOTICE AND AGENDA Tuesday, January 10, 2023 9:00 a.m. or shortly thereafter Lihu'e Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihu'e, Kaua'i, Hawai'i SWEARING IN OF NEW AND RETURNING PLANNING COMMISSIONERS A.CALL TO ORDER B.ROLL CALL C.SELECTION OF CHAIRPERSON AND VICE CHAIRPERSON APPOINTMENT OF SUBDIVISION COMMITTEE CHAIRPERSON AND VICE CHAIRPERSON D.APPROVAL OF AGENDA E.MINUTES of the meeting(s) of the Planning Commission 1.October 11, 2022 2.October 25, 2022 F.RECEIPT OF ITEMS FOR THE RECORD G.HEARINGS AND PUBLIC COMMENT 1.Continued Agency Hearing a.CLASS IV ZONING PERMIT (Z-IV-2023-6) and VARIANCE PERMIT (V-2023-2) to allow a deviation from Section 8-4.4(a)(3) of the Kauai County Code (1987), as amended, concerning the development standards of a residential subdivision, involving a parcel in Kukui'ula and situated on the makai side of the Ala Kukui'ula/Kahela Place intersection, further identified as Tax Map Key: ( 4) 2-6-022:054 and containing a total area of 87,919 square feet = KUKUIULA VISTAS LLC. [Director's Report Received, October 25, 2022; deferred, November 15, 2022). 1.Letter (12/29/2022) from Dennis Esaki, Esaki Surveying & Mapping, Inc. withdrawing Class IV Zoning permit and variance permit for TMK (4)2-6- 022:054. 2.New Agency Hearing a.None for this Meeting. 3.Continued Public Hearing a.None for this Meeting. 4.New Public Hearing a.None for this Meeting. PLANNING COMMISSION -JANUARY 10, 2023 PAGE 2 H.CONSENT CALENDAR 1.Status Reports a.None for this Meeting. 2.Director's Report for Project(s) Scheduled for Agency Hearing a.None for this Meeting. 3.Class Ill Zoning Permits a.CLASS Ill ZONING PERMIT (Z-III-2023-1) to allow the demolition of an existing residence and construction of two (2) thirty-five foot (35') tall telecommunication/utility training poles with associated site improvements on a parcel situated on the eastern side of the Kuhio Highway/Ma'alo Road intersection in Kapaia Town, further identified as 3-3590 Kuhio Highway, Tax Map Key: 3-7-004:006 and affecting a portion of a parcel approximately 24,064 square feet = Charter Spectrum. 1.Director's Report Pertaining to this Matter. I.GENERAL BUSINESS MATTERS 1.Applicant's petition to modify Condition No. 9 to Use Permit (U-88-23), Class IV Zoning Permit (Z-IV-88-28), and Special Permit (SP-88-3) to allow extension of the performance timeline involving the property situated at Kilauea, Kaua'i, Hawai'i, further identified as Tax Map Key: (4)5-2-013:012 (por.), and affecting a parcel containing approximately 12 acres = CG Real Estate LLC. (Formerly Living Farms, LLC.) a.Director's Report Pertaining to this Matter. 2.Applicant's request to amend Condition No. 10 of Class IV Zoning Permit (Z-IV-2008-5), Use Permit (U-2008-3), and Special Permit (SP-2008-2) to allow for an additional six (6) years to permit helicopter landings at Manawaiopuna Falls, Hanapepe Valley, Kaua'i = Island Helicopters Kaua'i, Inc. a.Director's Report Pertaining to this Matter. 3.Applicant's petition to modify Condition No. 2 of Class IV Zoning Permit (Z-IV-2015-16), Use Permit (U-2015-15), Variance Permit (V-2015-2), and Special Permit (SP-2015-4) to allow continuation of operation involving the asphalt batch plant facility on real property located in Kekaha, District of Waimea, further identified as Tax Map Key (4) 1-2-006:009, CPR No. 6 = Maui Asphalt X-IV, LLC. a.Director's Report Pertaining to this Matter. J.COMMUNICATION 1.None for this Meeting. PLANNING COMMISSION -JANUARY 10, 2023 PAGE 3 K.COMMITTEE REPORTS 1.Subdivision Committee a.None for this Meeting. L.UNFINISHED BUSINESS (For Action) 1.None for this Meeting. M.NEW BUSINESS (For Action) 1.None for this Meeting. N.EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions, issues, status and procedural matters. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission and the County as they relate to the following matters: 1.CLASS Ill ZONING PERMIT (Z-III-2023-1) to allow the demolition of an existing residence and construction of two (2) thirty-five foot (35') tall telecommunication/utility training poles with associated site improvements on a parcel situated on the eastern side of the Kuhio Highway/Ma'alo Road intersection in Kapaia Town, further identified as 3-3590 Kuhio Highway, Tax Map Key: 3-7-004:006 and affecting a portion of a parcel approximately 24,064 square feet= Charter Spectrum. 2.Applicant's petition to modify Condition No. 9 to Use Permit (U-88-23), Class IV Zoning Permit (Z-IV-88-28), and Special Permit (SP-88-3) to allow extension of the performance timeline involving the property situated at Kilauea, Kaua'i, Hawai'i, further identified as Tax Map Key: (4)5-2-013:012 (por.), and affecting a parcel containing approximately 12 acres = CG Real Estate LLC. (Formerly Living Farms, LLC.) 3.Applicant's request to amend Condition No. 10 of Class IV Zoning Permit (Z-IV-2008-5), Use Permit (U-2008-3), and Special Permit (SP-2008-2) to allow for an additional six (6) years to permit helicopter landings at Manawaiopuna Falls, Hanapepe Valley, Kaua'i = Island Helicopters Kaua'i, Inc. 4.Applicant's petition to modify Condition No. 2 of Class IV Zoning Permit (Z-IV-2015-16), Use Permit (U-2015-15), Variance Permit (V-2015-2), and Special Permit (SP-2015-4) to allow continuation of operation involving the asphalt batch plant facility on real property located in Kekaha, District of Waimea, further identified as Tax Map Key (4) 1-2-006:009, CPR No. 6 = Maui Asphalt X-IV, LLC. 5.Pursuant to Hawai'i Revised Statues Section 92-5(a)(2 and 4), the purpose of this executive session is to discuss matters pertaining to the annual evaluation of the Planning Director. This session pertains to the evaluation of the Planning Director's work performance where consideration of matters affecting privacy will be involved. Further, to consult with legal counsel regarding powers, duties, privileges, and/or liabilities of the Planning Commission as it relates to the evaluation of the Planning Director. PLANNING COMMISSION - JANUARY 10, 2023 PAGE4 0. ANNOUNCEMENTS l.Topics for Future Meetings. 2.The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter, on January 24, 2023. The Planning Commission anticipates this meeting to be held in-person at the Lihue Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Hawaii 96766. The Commission will announce its intended meeting method via an agenda electronically posted at least six days prior to the meeting date. P.ADJOURNMENT PLANNING COMMISSION -JANUARY 10, 2023 PAGE 5 Pursuant to Section 8-27.8 (6) of the Kaua'i County Code (1987), as amended, the following shoreline setback determinations by the Director are disclosed for purposes of public notification. Application Name of No. Applicant(s) SSD-2023-19 RMR Group, INC. SSD-2023-20 Douglas B. Brown SSD-2023-21 Jay Graham and Eileen Hansen SSD-2023-22 Kawailoa Development, LLP SSD-2023-23 Jordan-Kubota SSD-2023-24 Hotel Coral Reef SSD-2023-25 Makahuena at Poipu SSD-2023-26 HPTMI Hawai'i INC. SSD-2023-2 7 Gabriel Prieto January 10, 2023 SHORELINE SETBACK DETERMINATIONS Property I.D. Location Development/Reasons (Tax Map Key) 3-5-002 :002 Lihu'e Upgrade exterior motif to contemporary designs, renovations, and repair to existing structures and hardscaping/ Proposed development areas outside of 100 foot required setback. Shoreline Certified 3.31.2022 5-4-012:011 Princeville Roof atrium addition/ Rocky shoreline Unit 22 required setback 100 feet/ Proposed development approximately 257 feet away on elevated cliff bluff. 5-8-008:032 Hana lei Repairs to existing residence/ Unsubstantial improvements. 2-9-001:002 Koloa Renovation of existing interior Sunset Terrance bar/ Required setback 100 feet/ development proposed at 490 feet from evidenced shore. 2-6-003:007 Koloa Interior renovation/ Work deemed unsubstantial. 4-5-012:006 Kapa'a Interior repair, renovation/ Required setback 228 feet, work deemed unsubstantial. proposed development 289 feet from evidenced (seawall) shoreline. 2-8-020:003 Koloa Walkway Repair Building IIA/ Repair work deemed unsubstantial. 3-5-002 :002 Koloa Railing Repair/ Work deemed unsubstantial. 2-8-020:010 Koloa Swimming Pool and associated decking/ Rocky shoreline required 60-foot setback, proposed development 183-187 feet from evidenced shoreline. PLANNING COMMISSION -JANUARY 10, 2023 PAGE 6 DEPARTMENT OF PLANNING KA'AINA HULL, DIRECTOR JODI A. HIGUCHI SAYEGUSA, DEPUTY DIRECTOR SPECIAL MANAGEMENT AREA (SMA) Minor Determinations Date (Action) SMA Minor Permit Location (TMK) Activity/ structure number Approved SMA(M)-2023-10 Hanalei (5-2-004:093 Unit 1) Construction/ 495 s.f. Guest (11.23.2022) House with no kitchen. Approved SMA(M)-2023-11 Hanalei (5-1-004:008 Unit 2) Construction/ Rockfall (12.15.2022) mitigation fencing. PLANNING COMMISSION -JANUARY 10, 2023 PAGE 7 1 KAUA`I PLANNING COMMISSION REGULAR MEETING October 11, 2022 DRAFT The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair Cox at 9:30 a.m. - Webcast Link: https://www.kauai.gov/Webcast-Meetings The following Commissioners were present: Mr. Gerald Ako Ms. Donna Apisa Ms. Helen Cox Mr. Francis DeGracia Mr. Jerry Ornellas Ms. Lori Otsuka Excused or Absent The following staff members were present: Planning Department – Director Ka`aina Hull, Deputy Director Jodi Higuchi Sayegusa, Staff Planner Myles Hironaka, Dale Cua, Kenny Estes, Romio Idica, Shelea Koga, Marisa Valenciano, Alisha Summers, Kristen Romuar-Cabico and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – County Deputy Attorney Laura Barzilai, Office of Boards and Commissions – Support Clerk Lisa Oyama. Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Cox: Called the meeting to order at 9:30 a.m. ROLL CALL Planning Director Ka`aina Hull: Good morning, Commissioners. First order of business is roll call. Commissioner Ako? Commissioner Ako: Here. Mr. Hull: Commissioner Apisa? Commissioner Apisa: Here. Mr. Hull: Commissioner DeGracia? Commissioner DeGracia: Here. Mr. Hull: Commissioner Ornellas? Commissioner Ornellas: Here. E.1. Jan. 10, 2023 2 Mr. Hull: Commissioner Otsuka? Commissioner Otsuka: Here. Mr. Hull: Chair Cox? Chair Cox: Here. Mr. Hull: You have a quorum Madam Chair. APPROVAL OF AGENDA Mr. Hull: Next, we have no recommended changes to the agenda. So, we move onto Agenda Item D. MINUTES of the meeting(s) of the Planning Commission Mr. Hull: Minutes of the Planning Commission April 12, 2022, July 12, 2022, and July 26, 2022. Chair Cox: Do any Commissioners have any concerns or additions to corrections for any of those minutes? If not, I would entertain a motion for all of them at once. Ms. Otsuka: Motion to accept minutes of the Planning Meetings dated April 12, July 12, and July 26 all year 2022. Chair Cox: Is there a second? Mr. Ako: Second. Chair Cox: It’s been moved and seconded. All those in favor say, aye? Aye (Unanimous voice vote). Any oppose? Motion carried 6:0. HEARINGS AND PUBLIC COMMENT Mr. Hull: We have no new Receipt of Items for the Record. So, we’ll move on to Hearings and Public Comment. There are no Continued Agency Hearings. We do have two New Agency Hearings. For the members of the public that are attending both in-person and virtually, as we go through each of these agenda items, we’ll be calling for public testimony for those that are here in-person first, and then after all the public testimony for the agenda item of in-person testimony we’ll move to the virtual participants. For those that are attending virtually, for each agenda item, I want to ask that you raise your virtual hand if you intend to testify on that agenda item. If you’re not intending to testify on that agenda item, please do not raise your digital hand or put your digital hand down that was previously put up. And we’re going to do this for each agenda item. So, there will be ample opportunity for each agenda item for testimony. But that’s the process that we will be following for each agenda item. I know all of you folks are here for one particular agenda item, but we need to do this for each agenda item. So, moving directly into Agenda Item F.2. NEW AGENCY HEARING SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2023-1), CLASS IV ZONING PERMIT (Z-IV-2023-1), and USE PERMIT (U-2023-1) to allow an after-the-fact hostel/hotel operation involving a parcel in Kapa'a Town situated approximately 100 feet south of the Kapa'a Neighborhood Center, further identified as 4-1552 Kuhio Highway, Tax Map Key: (4) 4-5-012:013, containing a total area of approximately 7,500 square feet = BRIAN O’BRIEN (DBA. CASA LAGOA AZUL LLC). 3 Mr. Hull: This is the Agency Hearing. We don’t have anybody signed up for this agenda item to testify. Is there anyone in-person that would like to testify on this agenda item? Seeing none, is there anyone attending virtually that would like to testify on Agenda Item F.2. Application by Brian O’Brien for a hostel/hotel operation in Kapa`a town. If you’d like to testify on this agenda item for this agency hearing, please indicate so by raising your virtual hand. Deputy Director Jodi Higuchi Sayegusa: At this point there are no attendees with their virtual hand raised. Mr. Hull: Thank you. With no testimony for this agency hearing, the department would recommend the commission close the agency hearing. Chair Cox: May I have a motion asking to close the Agency Hearing? Ms. Otsuka: Motion to close the Agency Hearing. Chair Cox: Is there a second? Mr. Ornellas: Second. Chair Cox: All those in favor say, aye? Aye (Unanimous voice vote). Any oppose? Motion carried 6:0. Mr. Hull: Thank you, Madam Chair. CLASS IV ZONING PERMIT (Z-IV-2023-2) and USE PERMIT (U-2023-2) to allow construction of a new aircraft maintenance hangar, storage shed, and associated improvements on a parcel located along the makai side of Ahukini Road in Lihu'e, situated approximately ½-mile north of the Lihu'e Airport terminal, further identified as Tax Map Key: 3-5-001:008, and affecting a portion of a larger parcel containing 720.974 acres = ISLAND HELICOPTERS KAUA‘I, INC. Mr. Hull: We don't have any individual sign up in person to testify in this agency hearing. Is there anyone in person that did not sign up, but would like to testify on agency hearing for Island Helicopters? Seeing none. For those participants attending virtually, if you’d like to testify on the Agency Hearing for Island Helicopters Kaua`i, Inc., please indicate so by raising your virtual hand. Ms. Higuchi Sayegusa: At this point there are no attendees with their virtual hand raised. Mr. Hull: With no testimony for the agency hearing, the department would recommend the commission close the agency hearing at this time. Chair Cox: Can I have a motion to that effect? Mr. DeGracia: Motion to close the Agency Hearing for Class IV Zoning Permit (Z-IV-2023-2) and Use Permit (U-2023-2). Mr. Ornellas: Second. Chair Cox: It’s been moved and seconded. All those in favor say, aye? Aye (Unanimous voice vote). Any oppose? Motion carried 6:0. GENERAL BUSINESS Mr. Hull: With that, we have (inaudible) calendar via adoption of the agenda, so moving on to H.1. 4 Commission consideration of Petition for Declaratory Order Regarding Special [sic] Area Use Permit SMA (U)-2015-6; Project Development Use Permit U-2015-7. Variance Permit V-2015-1; Class IV Zoning Permit ZA-IV-2015-8 for Coco Palms Hui, LLC Mr. Hull: We have, so far six individuals signed up to testify in person. The first person signed up to testify is Roslyn Cummings. Ms. Cummings: Aloha no, kou inoa, Roslyn Nicole Manawai`akeamalama Cummings, I am here to testify on behalf of Coco Palms. Use permit, various permit 3-2015-1, kalamai, the Coco Palms Hui, LLC. Company number 149586C6 incorporated April 24, 2016. Company type: Foreign Limited Liability Company, Agent Name: KK1&2 LLC., Stillwater Equity Partners, LLC. So, my testimony is in regards to, number one, the property interest, if you’re well aware that there is an issue with the property interest. Number two, is the Planning Department aware of numerous burials that have been found during the project of Coco Palms that is standing and where did those bones go? Cause I guarantee you, that they’re still under that development, so when you approve this plan, know that you’re going to be well aware because it’s in the SIHP, BLNR/DLNR that there are burials on that property. Number three, that is a well-known, if you look through all the mapping of that area, going back as far as 1810, that is a local i`a, fishpond. So, are you aware when you permit this project that that area is a flood zone? My concern is also to traffic, water usage and cultural practices, evacuation in a case of a tsunami, these are all concerns of myself, of my family, as kānaka maoli and also as a (inaudible) descendant to Chiefess Kamakahelei and those who have been here since (inaudible). Thank you for your time. Mahalo nui. Chair Cox: Mahalo. Mr. Hull: Thank you for your testimony. Next, we have, and I’ll just (inaudible) clarification is also for the members of the public but for the commission too. That what is before this commission and on this agenda is not the request to permit the Coco Palms development, it’s a request for declaratory ruling by the Planning Commission but these permits were granted previously both back in 2015 and 2018 (inaudible). Just want to that clarification for the public. Moving on to the next testifier that we have signed up, Shawn Villatora. Ms. Villatora: Aloha, on record for the record, kou inoa, Shawn Nicole Nakai`elua Villatora, kānaka maoli, wahine maoli. So, I just got a clarification on what this, this one is for but for me as a kānaka maoli I want to be able to have you folks and the commission understand the significance of our importance as kānaka maoli to the `aina, so the vested interest in the property, I understand that there hasn’t been a lot of people bringing up the property issue about Coco Palms, but as kānaka we have vested interest in our ancestral property, which is our iwi kupuna and we understand, we know that there has been lots of burials that have been uncovered from when the hotel was first constructed and even to this day, whether they had the, like the widening of the road, which still is an adjacent property to the Coco Palms hotel. Understanding that there is significant amount of burials that were uncovered, we as kānaka maoli have the interest in understanding where our ancestral properties have gone, so that is just my mana`o and my testimony for today, so, as a Planning Commission you guys just understand that there is still lots of people that have concerns about our iwi kupuna. Mahalo. Mr. Hull: Thank you for your testimony. Next, we have signed up, Roger Netzer. Mr. Netzer: Good morning. Could I ask a question? I have testimony but you said something that this is for declaratory, I mean should we present, are we for and against or are we wasting your time? Mr. Hull: I was just clarifying that the permit approvals were done previously. So, the agenda item before the commission today is for declaratory ruling, it’s essentially the commissions request for the (inaudible) to 5 make a declaratory action on the permits themselves but I was just clarifying that the (inaudible) of approval is not technically what’s on the agenda. Mr. Netzer: Okay. So, should I say something or… Mr. Hull: You have three minutes to testify Dr. Netzer. Mr. Netzer: Okay, well first of all, Planning Commissioners, thanks for your public service. I know what it’s like with meetings and preparation. I think you were kind enough to take my written testimony, which happens to be a copy of a form and there was no other way to get this to the commission because I have no scanner and no printer, so, that’s why I handed it to you and so I hope you’ll accept it as the major thing I have to say. What I would actually like to address very quickly is, global warming is real, and the County Council passed this very forward-looking bill regarding building in areas that are going to be invaded by global warming and the seas. Does that include the Coco Palms site, do you know? Mr. Hull: Sorry, this isn’t really a question-and-answer time. This is time for public (inaudible). Mr. Netzer: Okay, well later could somebody, I’d love to hear a declaratory statement because to me my testimony is about the critical nature of global warming and its effect on this low-lying semi-swamp area that I happen to live in also called Coco Palms and it’s going to be a very, very, well its festered for thirty years, it’s going to be a county concern for another thirty years because the critical nature of the north south traffic from the Wailua River all the way to Kealia. If, what the scientist say is likely to happen, actually happens, which I would think it will. So, to put a hotel in this area and you can read what I’ve said, in the reasons, I guess if they put a hotel here it’s just asking for another county problem to solve because if we have to do something to the road, raise the road, build a wall to protect the road, the county’s already done that a year and a half ago with sandbags and so forth, that was all temporary. So, the point I’m making, if you want to take on another county problem, you’ll consider putting a hotel there. If you want to avoid county problems, county dilemmas, you’ll simply say no, it’s inappropriate at this time at this place. That’s basically the points I had to make. Thank you for listening. Chair Cox: Mahalo. Mr. Hull: Thank you for your testimony. Next, we have signed up, Ken Taylor. Mr. Taylor: Chair and members of the Commission, Ken Taylor. I first agreed with all of your speakers on this issue. Over the years the Commission has rolled over and over to satisfy different developers of this property. We’ve never seen anything happen. Should anything happen on this property, probably not in the way of a hotel. I hope and I pray that you folks will see the reality of the situation and do the right thing and if we move forward with this process but it’s time to cut it loose and move forward with what should be taking place there. And I hope if we move forward that will happen. Thank you. Chair Cox: Mahalo. Mr. Hull: Thank you for your testimony. Next, we have signed up, Dawn Divinaste. Ms. Divinaste: It’s a proclamation, Divinaste. I promise. I am above the highest. I’m here. Dawn Divinaste as a very spiritual person. I speak for the `aina, I speak because I am not bound to any company. I have been here since 2016, the universe has supported me because of that, I have been free from the system, I have been free from obligations, having to be somewhere at a certain time. That freedom has given me new awareness and new solutions. New solutions that it’s hard because you guys, there’s a system that’s in place, so it’s jumbled and our minds get jumbled by all of the influx that TV, and all the things that you guys have to read and absorb. It’s really hard to process that much information but when you do take a step back it’s 6 easier to see the solutions and so I’m just here to say, I’m drawn here, I’m not used to coming to these meetings, but I love the island, it’s an us land. I’m here because what I say matters. I speak to say stop, let’s look at easier solutions that are based on love and not money, necessarily but love like, supporting this area the best that we can and respecting Hawaii for all that it is because it is very beautiful, magical and multi- dimensional. Everything that we do matters, literally, quantum physically. Our thoughts matter, our voice matters, even more that’s amplified and then the writing, even more and then what you guys do is amazing because you’re the change makers. Well, guess what, I’m on the other side right now as a free sovereign being that can be here and just speak these words and make you think in a little different way because I’m a unique soul, that divine spark, a divinaste. I’m just soul that is here to make a change on the island. My purpose is world peace now because I have that as my core, it’s easier to see all the solutions and I know it sounds bizarre, but I see the solutions. Thank you. Chair Cox: Mahalo. Mr. Hull: Thank you for your testimony. Next, we have signed up, Richard Rodrick. Mr. Rodrick: Aloha, good morning. This is Richard Rodrick; I was here at the last testimony. That’s my English name, my Hawaiian name is Pono Kaulike Aipa-Rivera and I’m one of the last employees of Coco Palms hotel. I’ve been here since 1978, came here from a seasonal break from Alaska and saw it as paradise and I’ve seen nothing but more infrastructure, more infrastructure, more infrastructure without planning or the growth. In different parts of what we call the United States, which I do not consider Hawaii a part of the United States, it’s a sovereign nation. There should be a moratorium on all building. Until you figure out how to deal with traffic, housing and all the kupuna and the kanakas that were displaced. Thank you very much. Chair Cox: Mahalo. Mr. Hull: Thank you for your testimony. That’s all we have signed up to testify on this agenda item. Is there any person attending here in person that would like to testify on this agenda item that did not previously sign up? If so, please approach the microphone. Ms. Felicia Cowden: Hello, I’m Councilmember, Felicia Cowden and I understand that you have very narrow question that you're looking at in front of you, and I grasp that it's not a yes, or a no, to build this I just want to be able to make the commentary that, we did just past this Kaua`i Sea Level Rise Constraint District, and for this very purpose of not allowing houses to be built or for structures to be built where they are known to be in an impact zone, and this area has clearly been in an impact zone for quite some time they have to pump the water out of the garage for decades. Once that last development was done, it's full of water. It looks like deeper than me, I didn’t go in to check out that amount, but I understand where are you going to have to be today, but I wanted to be on record that it is out of alignment with what we are receiving and setting forth is how we're moving forward for how we do our development on the island, and how we hold proactive accountability, and what is built and this is a 30 year old extension on something that was built 39 years before that. So, I see you're in a difficult situation, but I don't believe that this should be reapplied as a hotel any longer. I don't think it's an appropriate use of the land, just sharing that respective. Thank you. Chair Cox: Mahalo. Mr. Hull: Thank you for your testimony. Is there anyone else attending in person that hasn’t signed up that would like to testify on this agenda item? If so, please approach the microphone. Ms. Fern Holland: Hi guys. Thank you so much. Fern Anuenue Holland for the record. Thank you very much for considering our declaratory order position, and I do ask you in my testimony, that you accept the petition and find that these permits have lapsed, particularly based on just a matter of fact that the 7 (inaudible) says that if two years goes by and there hasn’t been substantial progress found that the permits have lapsed, so my, I know that a lot of people today are testifying on the passion for the site and Coco Palms and the history of Wailuanuiaho`āno and I ask you to consider what they say as you know, a lot of us struggle to follow the processes and the details of how all these things happen, and they're here with their heart trying to express to you the importance of why it's important we find that the permits of lapsed and why it's important that we do this all development, but particularly this site with such high due diligence, and ensure that we are doing things as best as absolutely best we can. I want to also say, just to the Commission that we've been working for two and a half years on incredible path forward we have the opportunity to share with Ka`aina, the vision, Mayor Kawakami and many others about our plan to acquire the property, to turn it into a cultural environmental center, a place for education. It would also require contractors to build that, too. We were passionate about, you know, doing something that serves the community for generations, and I truly believe that we can do that. I truly believe that collectively we can come up with a path forward that requires this property. We're not expecting the county to take on the kuleana of this site. We understand that it has a lot of problems. I truly believe that a collective of nonprofits of land trusts and organizations that have committed community members and funders could create a solution that really sees the vision of what many of the people that have testified over the last few months to you, I know you've received hundreds of testimonies about not wanting the site to become a hotel, and really wanting to honor the rich history of this place, both ancient and modern, and I would love the opportunity to share with you our PowerPoint we have. It's about an hour but I can cut it down if I ever get the opportunity to share with you the research that we've done and the plan that we have and the efforts that we've made over the last two years. And you can also find out more about that at wailuanui.org. It's just a small working group of people that have come together to try to find a path forward. So, you know, I humbly ask that you do accept the petition today and find that these permits of lapsed and give everyone a fair share and a fair opportunity to be involved in the future of this really important site. So again, thank you all very much for the opportunity. Chair Cox: Mahalo. Mr. Hull: Is there any person who would like to testify in person please approach the microphone. Please state your name for the record and you have three minutes for testimony. Mr. Gary Hooser: Good morning, Commissioners. Gary Hooser for the record. I spoke far too long the last time and I’ll be real short this time. Appreciate your indulgence. I think the question before us is, for you is, has substantial progress been made on these permits? That really is the question. And I believe anyone driving by that place, which I have and many of you have the past thirty years, will say no. Clearly substantial progress has not been made. That is the fundamental question, are they making progress? I would say that the reason for this is not the County’s fault, it’s not the community’s fault, it is the owner’s fault. The owner has had thirty years to do something with that property. The County passed the Iniki Ordinance to help, bend over backwards to help all of us. Seven years ago, the County amended that ordinance just for this development, just for this development. I was there, I voted no but I was at the table and seven years later the developer, the owner still has not made substantial progress, they haven’t made substantial progress in the last couple of years. It is not your fault, it is not the County’s fault, it is the developer and the owner’s ineptitude and inability to manage this property. We have representatives that rotate, it’s a revolving door. We have somebody different here the last time we were here, we’re going to have somebody different here today and there’s somebody apparently waiting in the wings to close escrow as soon as they close the deal. So, please recognize that substantial progress has not been made. Send them back to the drawing board and let’s do this right. Thank you very much. Aloha. Chair Cox: Mahalo. Mr. Hull: Is there anyone else here in person that would like to testify on this agenda item who has not previously testified? Seeing none. If you’re attending or participating virtually on Zoom, if you’d like to 8 testify on this agenda item, again this for a Declaratory Ruling request for Coco Palms Hui, LLC. If you’d like to testify on this agenda item virtually, please indicate so by raising your virtual hand. Ms. Higuchi Sayegusa: We do have several members attending virtually with their hands raised. First, I am going to recognize Tara Rojas. I’m allowing you to enable your audio and video on your end. Ms. Rojas: Aloha, can you hear me? Mr. Hull: We can, Ms. Rojas. You have three minutes for testimony. Ms. Rojas: Okay. Aloha and I’m Tara Rojas and I’m testifying against Coco Palms. I am online right now reading the packet and seeing the hundreds of testimonies regarding this, and we’ve been on before, you’ve heard the previous testifiers regarding the issues of iwi kupuna, unpredicting the culture, the place, the location, climate, water, sea level rise and also looking at the testimonies, written testimonies, including the traffic as people have mentioned as well and also regarding tourism. So, all of these issues, and I heard (inaudible) regarding this is according to the laws and everything, however, again Hawaii and (inaudible) laws override State laws and this State is illegally occupying Hawaii. (inaudible) to that, you can see what’s happening, we are the islands, we have mentioned it before when you guys were talking about the sea level rise, that permitting, all the other planning and allowing the development to happen, you saw what happened when the king tides rose, you saw what happened on Hawaii island, on Maui island, and what happened right, hotels built right on the shoreline getting flooded out. Condominiums, apartments, the waves going over two stories high. (inaudible) believe (inaudible) common sense. Two, to really realize and recognize the land and `aina you’re on to respect it. Three, to realize that also that just approving just because it’s (inaudible) law, if law was stated in the charter, the bylaws, it needs to be changed, it needs to be changed. You cannot overlook the hundreds of testimonies and the hundreds of years that have passed of people saying and warning about the same thing. Cannot wait till too late so, according to this over thirty years. You see the state it’s in, and you know what happened to it, how can reapproving or (inaudible) permits to even rebuild. I really appreciate (inaudible) to educate people on the culture, however, the place, the time, and catering to tourism and the current issues. Mr. Hull: Three minutes, Madam Chair. If you can wrap up your testimony, Ms. Rojas. Ms. Rojas: Yep. So, I will just leave it at this, that please make decision and listen to the voices of the people who you represent. Mahalo. Chair Cox: Mahalo. Mr. Hull: Thank you for your testimony. Ms. Higuchi Sayegusa: Next we have, Rick Cooper. I have enabled your ability to turn on your audio and video. Mr. Cooper: Hi. Is it my turn? Ms. Higuchi Sayegusa: Yes. Whenever you’re ready, please identify yourself and you have three minutes. Mr. Cooper: Okay great. Thank you. My name is Rick Cooper and I come to you, esteemed Planning Commission members. First of all, let me ask you, if you would please consider that it’s difficult for the public to understand the complexity of the petition for declaring whatever it is, yeah, I know it, I know it. The declarative order, that’s what it is. See, see how I tell you people are getting confused about these things. But what I’m actually trying to say is, that the people are frustrated and please recognize their passion. When they’re speaking to climate change or things like that, they’re very frustrated with this whole 9 situation and I’m hoping and I know that today you’re looking at whether these petitions, whether this petition is valid and whether the permits should be withdrawn. And I will encourage you to do that in my testimony. Excuse me, I’ll be reading it from my phone, if that’s alright. I come to you today in full solidarity with Attorney Teresa Tico, and the respected environmental organizations with whom Miss Tico has filed petition for declaratory order regarding the status of the permits of the Coco Palms Hui project. For 30 years the county has bent over backwards for the redevelopment of the beloved Coco Palms Hotel, and for 30 years we've had promises, promises, promises and only modest action in fact, very little substantial, progress as is required by the permits has been achieved, and it is your job to put an end to it once and for all, I urge you to withdraw the permits. While others they will speak of injustice to the Hawaiian people and its culture and it's unique and historic, in this unique and historic site, and the need to stop adding more hotels to an island where the infrastructure and the carrying capacity is at the brink and more, I want to make a different point as we have seen in recent years in the United States and Hawaii, we are witnessing our social fabric being torn apart by strident polarized points of view, and a big piece of that divide is distrust in government institutions, national, State and county, people are seeing or at least believing that money to interest have an extraordinary influence over the affairs of the people. And this is where each of you, as members of the Planning Commission come in. The people are watching your work today. As one more example of whether the system works fairly, or if, as is often the perception, the people who have the power, like each of you, will side with those with those who are backed by big money. I want to believe that you come to your work on the Commission as neutral arbiters, who will abide by the law and regulations and yet… Mr. Hull: Three minutes, Madam Chair. Mr. Cooper: …who always keep the people's interest in mind. Each of you today has the opportunity to recognize the legitimacy of the petition (inaudible) order and for people's interest in their concerns. Your decision affirming the well-reasoned points of the petition withdrawing the permits can help restore the faith in our government, and that your courageous decision that you can be part of an immensely valuable historic movement through renew the future and important cultural… Mr. Hull: Can you wrap up your testimony? Mr. Cooper: And, let me just say, Elvis has left the buildings and now the buildings need to leave. Thank you very much. Chair Cox: Mahalo. Mr. Hull: Thank you for your testimony. Ms. Higuchi Sayegusa: Next we have, Alfred Keaka Hiona Medeiros. Please accept on your end. And when you’re ready, you may begin. You have three minutes. Mr. Medeiros: Aloha, can you guys hear me? Hello? Aloha mai kakou, Alfred Keaka Medeiros kou inoa. I’m here right now in Hūnānāniho in Waimānalo on Oahu. I am opposed against the building of Coco Palms Hotel in Wailua. Beyond the fact that there’s a local i`a on site that needs to be preserved and restored to its full capacity. There’s iwi kupuna that is buried in the area. Now behind me, Hūnānāniho we went through the same thing. Twenty-eight of us were arrested, twenty-eight of our lāhui were arrested over here to protect Hūnānāniho from desecration, which it did stop. The City and County pulled their permits everything was stopped. This is when Mayor Caldwell was on there. At that time a lot of things were going on, Mauna Kea, thirty-eight of our kupuna were arrested. I’m saying this because if you guys don’t think that our lāhui will show up, if these permits go through and the construction goes through, you guys are mistaken. We are stronger than ever. Twenty-eight, thirty-eight, we’ll make it a hundred and thirty-eight people get (inaudible). We’re going through a time of change, we gotta stop worrying about the outside, tourism and the commercialized industry that’s out there and the corporate entities. We need to start 10 concerning the people of Hawaii. We’re going through a housing crisis in general and yet, we want to cater to tourism by building a hotel or multiple hotels, or big complexes, like in Koloa, illegally. As you guys know, you guys are the Planning Commission. There’s a person by the name of Dean Uchida, that recently resigned after twenty-one months on there, and he was the Head Director. As we know, Dean Uchida resigned due to corruption involved in the Department of Permit and Planning. You guys will see that pretty soon on the news and more people will fall to the same thing because corruption plagues our County, State and Federal government offices. You guys need to do better for the people of Hawaii. As a kānaka maoli, I will die to protect our Hawaii, I will die to protect our iwi kupuna that you may not see that is still here with us. Please understand this is a big issue that’s been going on for decades. It’s more than just us against America and the illegal occupation of Hawaii, this is about our people being displaced, being moved out even while we’re dead, we’re still getting kicked out of our own home. This is something that comes to us as heart. You guys gotta understand, you guys gotta do better. Please do better and understand the voices of the people are speaking loud and clear. Now if we have to come on boat, if we have to come by plane to stand in front over there, to stop the desecration, to stop any type of corruption and construction of Coco Palms, we will, we will. It’s not because of anger, it’s because of protection to keep Hawaii Hawaii as much as we can for future generations. This is not just for us now, we do everything we can now for our keiki, for our mo`opuna to ensure that they have a place to call home. We don’t want them to call Vegas, California, Colorado, anywhere else home. This is their home. Mr. Hull: Three minutes, Madam Chair. Mr. Medeiros: This is where we come from. This is more than just a residence for people, this is where our bloodline comes from. So please understand when the people are emotional, when the people are speaking how I do, that we’re not speaking out of anger, we’re just speaking out of heart, out of care and concern. That we are tired seeing Hawaii turn to what it is… Mr. Hull: Can you wrap up your testimony Sir. Mr. Medeiros: …that we need to keep it the way it is. So, mahalo for your guy’s time and please listen to the people. To everybody out there, keep on standing up. Mahalo for all you guys protecting. Wailua, we be there. Aloha. Chair Cox: Mahalo. Mr. Hull: Thank you for your testimony. Ms. Higuchi Sayegusa: Next we have, Kiara Rodrigues. Please unmute and… Ms. Rodrigues: Welina mai kakou. Can you folks hear me well? Ms. Higuchi Sayegusa: We can hear you. Ms. Rodrigues: Thank you. My name is Kiara Lorenzo Rodrigues, I just want to go ahead and start by setting my intentions, my intentions today are to preserve and protect everything in place. I want to go on with the saying that a lot of the people have been saying this fight has been a thirty year long fight, could you imagine fighting for something for thirty years. I only can think about how my kupuna iwi feel being under these hotels for thirty years and now we are sitting here considering their fate. I think today we have a great opportunity to right the wrongs that have been written so long ago. I think we have a great opportunity to return the keiki to `aina, to return its people to its `aina and to connect with their mo'oku'auhau, to understand iwi kupuna and to understand a significance for far too long our people have been silenced, our culture, our customs have been silenced and today we have this opportunity to make this right and I hope you folks take that opportunity very serious because at this point, as a kānaka maoli, as a wahine maoli, we need something and we need it now. It’s been far too long that people have taken us for granted and today we stand as one to ensure that this hewa stops here, to ensure that our people have a say. For too long 11 everybody has been running over us and it is enough. It’s far too long, our children have been waiting for this, they need this area. With all of these economic problems and environmental problems going on, not only Kaua`i but throughout Hawaii Ko Pae `Aina, it’s really time to look deep and hard in the decisions we make and are we going to continue to profit off of people who come here and continue to desecrate our lands, I don’t think so. I think we need to continue our fight and we need to make Hawaii strong again and we need to plant our la`au, we need to open up all of our fishponds, we need to find a way to sustain ourselves because if anything was to happen, and we were to get cut off from this food that is brought in, we need something, what will we have and I think time that you and your commission folks sit and look hard into what will be there to sustain you folks when all is gone. Mahalo. Chair Cox: Mahalo. Mr. Hull: Thank you for your testimony. Ms. Higuchi Sayegusa: At this point there is no other attendee with their hand raised. If you are interested in testifying, please raise your virtual hand at this point. Okay, we have, Rick Crum. (inaudible) your end. Mr. Hull: Jodi, Mr. Crum is counsel for the landowner. Ms. Higuchi Sayegusa: Okay. Mr. Crum: Hello, can everyone hear me? Ms. Higuchi Sayegusa: Hi, Mr. Crum. Sorry, this is a portion for public testimony. Are you representing the landowner? Mr. Crum: Yes, I am. Ms. Higuchi Sayegusa: Okay, you’ll have an opportunity to testify once we get past public testimony. Mr. Crum: Thank you. Ms. Higuchi Sayegusa: Okay, is there anyone else virtually attending who would like to testify? Please raise your virtual hand. Last call for any testimony on this item. I’m seeing no other virtual hand raised. Thank you. Mr. Hull: Thank you. I’m going to make one last call for any individual in person attending here that has previously testified on this agenda item. If you’d like to testify on this agenda item, please approach the microphone. Seeing none. Chair Cox: Thank you, everyone. Good morning to the parties and to the public. At this time the Commission will receive ten minutes of statements from each party to outline their current position on the request for extension of time and (inaudible). All arguments will be taken into consideration by the Commission, which is required today to act upon one of the three possible actions outlined in Commission Rule No. 1-10-3. We’ll start with the petitioners, followed by RP21, Coco Palms. We will then receive three minutes of rebuttal statements from each party, this will be followed by questions from the Commissioners to the petitioners, RP21 and the department, if any. After which the Commission will determine the necessity for an Executive Session. Petitioner, go ahead. Ms. Teresa Tico: Thank you, Commissioners. I think this is off. Is this off? On? Mr. Hull: It’s more for recording than advocation. 12 Ms. Tico: Thank you Commissioners. Teresa Tico appearing on behalf of the petitioners who filed the petition for a declaratory order. All we're asking today is that you take a determination and enter a quarter that substantial progress on this Coco Palms project has not been made within the first two years of the issuance of the permits, it's that simple. It's that straightforward. We have reviewed all of the documents relative to Coco Palms that were provided to us. I'm not saying that we reviewed all of them, because I know that several banker boxes were missing, numerous documents were out of order, but based on our review, we could find no specific (inaudible) by the director, that substantial progress was made on the project, in the two years of issuance of those permits and that's what the rule requires. Now, before I go into my argument, I would like to say that I heard from Deputy County Attorney, Laura Barzilai, yesterday, that the developers have retained attorneys in Honolulu, and had not received a copy of their letter that was sent to the County Attorney asking for a continuance of today's hearing. I then called the attorneys, and they told me that they were not necessarily seeking a continuance, they were seeking a decision from the Commissioners today that our petition be denied, and then if our petition is not denied they would be seeking a continuous which made no sense to me. I would like to put on the record at this time that I did thereafter speak with my clients. We are in full agreement to a continuance; we would like the opportunity to meet with the attorneys and their clients and see if there's any possible row to a resolution. And so, we believe that a continuance is in order, and would actually ask you to make that determination. Alright on behalf of my clients, I would like to address the merits of our petition. First Chapter 10 of your rules of practice and procedure specifically allows any interested person to petition you for a declaratory order as to the afflictability of any statutory provision or any rule or regulation for order of the Commission. It's a pretty broad rule and it is the only rule, the only vehicle that allows an interest and interested member of the public to seek regress when he or she believes a rule or regulation is being overlooked, misinterpreted or ignored. In this case petitioners are requesting that you look at SMA Rule 10, that requires the automatic lapse of permits if substantial progress has not been made within two years of the issuance of the permits, unless otherwise stated in the permit, and we did not see anything that allowed these permits to continue to be in existence after two years from their issuance. Nor did we find, as I stated earlier any specific finding by the director that substantial progress had been made. We do have a Fifth Circuit Court ruling, a decision by Kathleen Watanabe on this issue I attach the relevant portions of that decision to our petition as an exhibit, might I ask that you carefully read it. She was very firm in so far as stating that this issue of lapse is not anything that you determine. It's automatic, and it's mandatory. If there was no substantial progress, those permits no longer exist and the applicant must start over, file for new permits, which they should do in this case as everyone else on the island has to do when they apply for a project of this nature, or even building a house or a shed for that matter. Now I realize that there are a number of concerns that you may have, you very infrequently see this type of petition before you and if you're concerned that, granting this petition will set a precedent that would allow anyone in the community to come in at any phase of a development, and ask you to revoke the development permits. I can assure you that this rule is rarely invoked. I tried to find a petition or declaratory order, and only one I could find was in Federal court, but it was used for specifically this type of purpose. I would ask you how many resorts on the island have sat empty, abandoned, and neglected for over thirty years? Only one. Coco Palms, and the possibility that a future petition for declaratory order might be filed by a member of the public should be no deterrence to invoking this rule. The rule is there for a reason, it is the reasonable and necessary vehicle for an interested person to ask you to enter an order regarding the applicability of your own rules. You might ask, well why didn't your group file a lawsuit in Fifth Circuit Court, a nuisance lawsuit or a petition for revocation of permits? First lawsuits resolve from the fact and litigation, they go on and on for years because of the appellate process. That's not feasible in this case, in this case, time is of the essence. A petition for revocation is not the appropriate vehicle, because only an intervener can file a petition. You might ask, well why didn't your group intervene when these petitions were first applied for? Well, I can tell you, the public on this island believed that the developers were sincere and would follow through with their promises and so they didn't intervene. But the developers did not follow through with their promises, they defaulted on a multimillion-dollar loan, and they were foreclosed. So, here we are again. No substantial progress, and let's be clear, we are not seeking revocation of the permits, because the permits have already lapsed. You don't need to file a petition for revocation, according to Judge Watanabe. If no finding of substantial progress is there, those permits no 13 longer exist. All we're asking is that you recognize that fact. No substantial progress, no permits. They have to start over again. There have been too many changes in our environment, our economic and social fabrics in the past thirty-one years to allow us to proceed under permits that were issued long ago. What impacts will the proposed development have on our current environment with sea level rise, with storm surf, with potential hurricanes? Our shorelines are eroding, I can speak from personal experience there has been severe erosion of our shorelines just in the last few years. There are many considerations that need to be taken into account that exist today that didn't exist thirty-one years ago, or even four years ago, or even seven years ago. We understand why you might be unwilling, or afraid to grant our petition. Well, if we grant the petition, the developers are going to sue us. I think they would sue you, anyway, whether you grant it or not, let's say you don't grant our petition, you let them go ahead full speed, with their development, they build this hotel and a hurricane hits or sea level rises, they'll sue you and blame you for letting them have the permits. So, there you are, you're between a rock and a hard place. We're asking you to do the right thing. Again, you may be afraid or unwilling to do that because what's the solution? What do we do with the property if we acknowledge that those permits have lapsed? Well, the rule doesn't require a solution, but you just heard Ms. Holland today, and her working group, they have put together a beautiful PowerPoint presentation which I have seen, which your director has seen, the mayor has seen, a lot of people on the island have seen. I would ask that you give Fern an opportunity to show you the PowerPoint, all the solution. They even have a budget, they put together a budget with line items on the cost of raising the buildings and remediating the land, and it's, I think it's well within reach. So, I would ask that you allow her that opportunity. Coco Palms is the proverbial elephant in the room. It's somebody else's problem. That's what everybody's saying, it’s somebody else's problem, we don't want to deal with it, but really, it's the island's problem. It's all of our problem, and if we don't follow our own rules, and acknowledge that these permits have lapsed, what kind of a community are we need? We need to follow the rules. We need to do the right thing. We need to hold these developers accountable and have them go through the process that everyone else on this island is required to go through. So, in closing I would just say that I did see with Mr. (inaudible) yesterday, and his associate, Mr. Crum, I saw their letter that they sent the county this morning, which they still haven't sent to me, but my clients and I are more than willing to give them the continuance they're seeking and to come back before you, but I would hope in the meantime that you allow Ms. Holland to give her presentation to you. Thank you. Chair Cox: Mahalo. I believe we are now ready to move to Mr. Crum. Mr. Crum: Good morning. Can you hear me? Chair Cox: Yes. Mr. Hull: You’re good. Mr. Crum: Okay, thank you. Good morning, my name is Richard Crum and I'm an attorney here on behalf of my client, RP21 Coco Palms, LLC. At this time my client would request that the petition before the Commission be denied, and if the Commission is not so inclined to deny the petitions today, alternatively we would request a hearing and an opportunity to fully brief the issues raised in the petition and to present evidence. It's my client's position that denial of the petition would be prudent given that the Commission recently received a status report from my client as recently as June 30th, 2022, outlining progress made with respect to the development of the former Coco Palms resort property, I’ll refer to it as the project. The Commission reviewed and filed this progress report, as far as I understand, at a public hearing on August 23rd, 2022, and our position is that the RP21 Coco Palms is substantially has complied with the development conditions attached to the project, and that continued compliance with these development conditions is enough for the Commission to deny the petition at this time, and so, as stated. I'll try to be brief this morning we have not had an opportunity to brief and present evidence on in response to the petition we think that there is enough before the Commission to deny the petition and if they’re not so implied, we 14 request a hearing and an opportunity to present evidence. That’s all I have to say this morning. Thank you for your time. Chair Cox: Mahalo. So, you now have three minutes of rebuttal. Ms. Tico: You know it's very interesting, we don't know who the owners are. I've been doing a lot of research into this issue, and I've been finding a lot of shell LLCs exist for purposes of putting the new owners in place, if their escrow ever closes, they currently, based on my research, they are currently in escrow. We don't know who the new owners are, we don't even know who the current owners are, because they're all LLCs. They all have LLC names, but we don’t, they use the LLC, but we don’t have individual names. The only individual that has really come forward is Parker Enlow, the gentleman was here last time, and we have a lot of questions about his character, which I won't go into now, but apparently, he is no longer representing this LLC that currently holds the title through the foreclosure action. So, I have personal knowledge that they are in escrow, that one of the conditions of escrow is that all permits be granted by the planning department before escrow can close. I just think that you should know who we're dealing with. Who are these people? We found out the name of one person at the last hearing, and we were really surprised when we looked into his background and character. So, I think that it's imperative that this Commission find out who we're dealing with. Who are we doing business with, and can they follow through? Because obviously the previous owners have been unable to follow through. Thank you. Chair Cox: Mahalo. Mr. Crum? Three-minute rebuttal. Mr. Crum: My only response would be to again respectfully request that the petition be denied, or the alternative that a hearing be set at a later date that my client be given an opportunity to fully brief the issues. I’m not aware of the relevance of any of the comments made on rebuttal to the petition or denial thereto and I would like to thank the commission for their time this morning. Chair Cox: Mahalo. We are now at a point where Commissioners can ask questions. Either the petitioner or Mr. Crum, or the department. Do Commissioners have a question? Ms. Apisa: I have several, but I do make sure others have a chance and ask. Mr. Ornellas: I have a question for Ms. Holland. Fern. Hello, Fern. Thank you for being here today. My question has to do with your (inaudible), and I do look forward to seeing your presentation at some point. Where is this money coming from? Ms. Holland: Well, we have been reaching out to significant possible donors. There are a few people that have showed interest in possibly being an anchor donor, it looked possibly millions. But we haven't locked anybody in at this time. There's so much uncertainty, in all of this process right now. But for the last almost two years now, we've been actively going out to potential big donors, both that live here on Kaua`i and trusts. We've been working with the Hawaii Land Trust to create a path forward and working with them to create the initial budget that will allow for them to turn it into a real project where they raise the money so we're working on a very detailed capital campaign that's probably one of the largest I think anybody in our working group has ever tried to work on. We are dreaming big for sure, but we do believe that collectively, when you look at a combination of government organizations, nonprofits, trusts, large (inaudible) and donors, that we could pull off both the acquisition of the property and then the restoration of the site. Mr. Ornellas: So that would include funds to purchase the property… Ms. Holland: …correct. Mr. Ornellas: (inaudible) the present owners. 15 Ms. Holland: Correct. We’ve been looking at the first part of the acquisition being a purchase, and then the, obviously the rehab of the site needs so much work, and so the deconstruction of the existing concrete structure, which we even started to go get quotes for that kind of thing, I reach out to Pacific Concrete Coring Company about reutilizing the concrete on site. So that we can minimize our impact on the landfill and be as sustainable as possible. So, there's a lot of opportunity. There's people that want to donate, there’s people that are like, oh we’d give you a big discount on that because people in the community really support this large vision, but it would definitely include first, the acquisition of the parcels, three of which are State owned, and three of which are fee simple. So, the actual site of what we know of as Coco Palms includes both State owned parcels and fee simple parcels, particularly the twelve acres, that's the front parcel. So yes, it would be the acquisition of those fee simple partners working with the State to acquire the leases for the adjacent parcels, and then working to rehabilitate the site, and then at that point that would be what we call phase one of the of the projects and at that point we would be basically arranging a Board of lineal descendants and native Hawaiian practitioners to determine what and where, how, that site should move forward as a cultural environmental center, so that would be like the (inaudible) that we would find a (inaudible) for that. Mr. Ornellas: Thank you very much. Ms. Holland: Thank you so much. Ms. Apisa: I have another question. Ms. Holland: Yes. Ms. Apisa: I mean, I know it's a big project, and I think it is doable to purchase it, and maybe to rehab it. But a big concern is to maintain it and I mean I was involved with Coco Palms about thirty years ago, and it's not a, it’s a very expensive property, with the lagoons, I don't know if they ever got put out register for a historical place… Ms. Holland: They are. Ms. Apisa: …they were supposed to. Ms. Holland: They are. Ms. Apisa: And then, the coconut grove, the largest and oldest in the state, and all these things are very expensive to maintain. My concern is, I can't imagine a user fee to maintain it. How is it going to be maintained in perpetuity? Ms. Holland: Absolutely. And that's a really great question. The acquisition path that we've been looking at is a combination working with Hawaii Land Trust and a stewardship group. So, similar to other projects that are smaller like even the restoration of Ale Koko the trust would have the easement and the land, and then the stewardship group that maintains it would be responsible for that ongoing maintenance. We work with a lot of the Hawaiian practitioners that have restored other local i`a throughout the State and believe that we could absolutely, with both the funding that we would be bringing in for the maintenance that's all part of the conversation we had with Hawaii Land Trust about the ongoing stewardship and care for the property. To understand that it needs a huge amount of work, especially because of how overgrowing a lot of the coconut grow is at the moment, that is a state parcel to that that the state partial and so we would be working with, we believe that there would be full time jobs obviously as part of the Cultural Center that would incorporate that. And that would be paid positions for locals to work on that property, both in a class state of education and sharing but also in the maintenance aspect of it, so it's definitely something we've worked into the long term. We've also talked about taxes and perpetuity and stuff like that like, how do we fund for all of 16 those kinds of things because that's all part of it as well. But that would definitely be the long term, that would be the moving into the stage 3 once we can actually do the demolition of the site, and then the restoration of those commonly called the (inaudible), but are actually very ancient local i`a, and so we would be working with fishpond practitioners both here on Kaua`i and on Moloka`i, to restore those fishponds to food production, agriculture, and a part of that would be major networking with the community and volunteer capacity. There would be much like you see in Ale Koko, we just, our senior class down there this week, a whole bunch of us. You would see a lot of that kind of work happening as part of it, but there would definitely be full time maintenance positions and ongoing care. That would be part of the funding part of what we were incorporating into the budget. Ms. Apisa: Thank you. Of all the testimony I've heard for many, many years this is the first time I've heard of a plan of what to do with it. I mean a practical plan of how to maintain it. Ms. Holland: Thank you. Ms. Apisa: Thank you. Ms. Holland: We’ve been working on it for a few years, and we really appreciate the opportunity to answer those questions. Chair Cox: Any further questions for Fern Holland before she goes to the back? Mr. DeGracia: Fern, I have one question: Have you guys had any, your organization, have any conversation with the current owners? Ms. Holland: We have tried a few times. we did again last time when we had the hearing. I spoke with Parker, but you know, as Ms. Tico pointed out, it's been very difficult to figure out who we're actually dealing with in the situation, and you know, the astonishing things that we found out about Mr. Parker, (inaudible) do not really reach out to him again to be totally honest. Ms. Tico: If I could answer that question as well. I have reached out to the attorneys, (inaudible) with Reef, and he said, yeah, I'm really interested in talking to you about this project and let me get back to you, and are you available September 12th and 13th? And I said, yes, either day anytime. Never got back to me, never followed up with my emails. So, that's the type of response we're getting from the developers. Also, I would say that Ron Agor gave me the name of the Hawaii Foundation, Jenae, a woman named Janae, who, he said, would be organizing the community meetings that Mr. Enlow promised at the last Commissioners hearing meeting, and she did get back to me and we scheduled a date and time to get together and then right before the date and time, I got a text from her, I have to cancel. She canceled, never reached back to me to reschedule that meeting, and I have not heard from anyone from any of their group at all. So, it's so much for community meetings. Ms. Holland: And Mr. Parker Enlow, I know did say that here in front of you guys, if you would reach out to us. I gave him my contact because I spoke with him after, and he never contacted. Thank you. Chair Cox: Don’t get up yet just in case there’s any other questions. Ms. Holland: Okay. Ms. Otsuka: Ms. Holland? Ms. Holland: Yes. 17 Ms. Otsuka: Through your conversations with your organization (inaudible). This is a ludacris question, but was a timeline ever discussed? Ms. Holland: Well, because everything's been so in the air. We were present with the auction of the property to see what would happen there and we were, reaching out to large funders about possibly going forward and buying it at auction, obviously depending on how all of this happens both today, and kind of adjust that. And I think that the more that we can show the support, both by the Planning Commission and the community, the more likely we are that these funders I've been talking to will step forward and feel comfortable stepping forward to do so, but it's hard to, it's really hard to give you a timeline. I mean as soon as possible, and as soon as the access is granted, I can guarantee you that there will be a lot of people volunteering their time to get everything going to get off the ground and get it to the point where we need to be and I know that we all want to see it be so, it's hard to get you a specific time. Ms. Otsuka: Thank you. Ms. Holland: Yeah. Chair Cox: Any further questions for Fern? Mr. Ako: Madam Chair, is the time for questions for either party or… Chair Cox: Yes. I’m just thinking before she goes to the back of the room again, we should ask her all the questions. Mr. Ako: Oh. Chair Cox: Is there any further questions for Fern Holland? Mr. Ako: I got a question. I'm not sure whether it’s for you, Fern or for Ms. Tico over there but you made the mention that there has been very little, or no community reach out or outreach program from the, I don’t know who we talking about, whether we talking about RP21 Coco Palms or (inaudible) but as far as your group is concerned, there has been no outreach? Ms. Tico: None. Ms. Holland: None. Ms. Tico: Zero. Mr. Ako: Okay. Can we move on to Mr. Crum now? Chair Cox: Yeah, just making sure… Mr. Ako: (inaudible). Chair Cox: Oh, yeah, oh yeah. Does anybody have anything else for Ms. Holland before she goes? Okay. Thank you. Ms. Holland: Thank you so much. Chair Cox: We might call you up anyway (inaudible). Ms. Holland: Okay. 18 Chair Cox: Okay, you have a question for Mr. Crum. Mr. Ako: So, I guess my question would be for Mr. Crum is, do you have an outreach program with the community with Coco Palms, as well as with the community? Mr. Crum: Excuse me, is that question directed…Ma’am, I haven't been able to hear the, you're asking… Chair Cox: Yes, that was. Mr. Crum: You're asking if we had an outreach program? Mr. Ako: Yes. Mr. Crum: At this time, we're not prepared to comment on things outside of the narrow scope of what's for the Commission. I think that what we're here for today is a ruling on whether the petition should be denied or not, and if we, if that's if the questions go beyond that we'd like a full and fair opportunity to brief issues and have an evidentiary hearing on this. I’m not able to answer whether or not we have an outreach program at this time, but we could discuss that at a later date. Mr. Ako: I think the only reason that I ask that question is the fact that, I think the Commission right now is in a very precarious position right now to make a decision and if there is an outreach program, if there is an opportunity for the parties to get together and see if some kind of resolution can be made. Then I think that would be a (inaudible) for a lot of the parties that are here. At the same time if the decision has to be made commission has any problem in terms of rendering a decision out there. That's why I'm kind of wondering whether, if it's in the interest of both parties to have an outreach program. If there is a possibility of something being worked out, some type of resolution being made, then maybe that would be another path before we actually move forward. If that is not an option, then maybe we just make a decision today. One way or another. So, I guess my question is, before that decision is made, is there a possibility of looking at some type of resolution? Chair Cox: Before Mr. Crum answers, I also want to just point this, point of clarification, know that this Commission did ask that there be a community meeting and that they work together between the last meeting and this meeting. And as we’ve heard, nothing has happened. Mr. Ako: Correct. Chair Cox: Just as a clarification. Mr. Crum, I don’t know, would you like to answer the question? Mr. Crum: I wasn’t able to hear the clarification. I need to confer with my client about possible resolutions outside of this process, and if the if the Commission is interested in such solutions, I think, a continuance would be in order to so that we could, confer and that we could also have an opportunity to respond to what's been raised. But I'm not prepared to make a statement one way or the other about making a resolution until I contact my client. Mr. Ako: May I ask you this, who is Mr. Enlow? Mr. Crum: The audio is cutting out again. Can I hear… Ms. Barzilai: Mr. Crum, perhaps we can fix the audio (inaudible). Mr. Ako: You know if it’s the audio, would you willing to come down here and (inaudible)? Mr. Crum: I think you asked me if I would be willing to come to Kaua`i? 19 Mr. Ako: Well, if we’re having problems with the audio. I think the question really is, is, who is Mr. Enlow? Mr. Crum: My understanding is that Mr. Enlow is someone working with my client on this development project. Mr. Ako: Because I think in the last meeting, he had committed on having an outreach with the community, which today I think we're finding out did not happen. So, that's why I think my question regarding the outreach program is: Are you willing to have an outreach program to see if there can be a resolution or are we going to be faced with another Mr. Enlow commitment? Mr. Crum: Again, I think that if that's the direction that the Commission wants to go in, I think a continuance would be in order so that I can confer with my client and with the petitioner’s counsel and that we can reconvene at a later date. If the Commissions not inclined to deny the petition out right. Chair Cox: Any further questions from Commissioners? I have some (inaudible). Okay… Ms. Barzilai: Before we continue, perhaps you should take a raise to hand. Mr. Hull: Oh yes, I believe, Jodi, I believe Chad DeCoursey is raising his digital hand. Ms. Higuchi Sayegusa: Right. Mr. Hull: Mr. DeCoursey, I believe is part of the applicants’ team Ms. Higuchi Sayegusa: He is now admitted. On your end you’ll have to enable your audio and video. Mr. DeCoursey: Hello, can you hear me? Mr. Hull: Mr. DeCoursey, just to check. You are representing the landowner in addition to Mr. Crum? Mr. DeCoursey: Yes, that’s correct. I’m in house Counsel for RP21 Coco Palms, LLC. I've previously had the pleasure of appearing before the Planning Commission, and great to see you all again today. I wanted to join, just to clarify at least a couple of items that I've heard discussed today. One, regarding Mr. Enlow. He is a consultant for one of the original lenders on the Coco Palms loan that was made to Coco Palms Hui, LLC., with Chad Waters and Tyler Green as guarantors, and so he remains involved only to the extent that he's representing one of the lenders who's an interested party in this transaction. The other item is that we are open to community outreach. I wasn't, we weren't aware frankly of the timing of this meeting, and so I've had a somewhat rushed response. Also, we're open to the outreach. We just weren't aware that that was a matter, item on the agenda today to discuss the community outreach. Chair Cox: Thank you. Any other clarifications you want to make? Mr. DeCoursey: No, I would state in response to the what's been discussed. We are open to considering offers for the property, and no one has reached out to us, or at least to me, with regards to an offer to purchase the property. Chair Cox: Thank you. Mr. DeCoursey: Thank you. Chair Cox: So, I have a question. I guess it's for you and for Mr. Crum and that is just, so who is the owner, an individual person at this point, who is the owner? I understand it’s in escrow but who is behind it? 20 Mr. DeCoursey: RP21 Coco Palms, LLC., is the owner of the property. The ownership of the entity is made up of the original lenders who lent funds to Coco Palms Hui, LLC. They were never repaid through various workouts. We're still unable to receive repayment of the loan, and so we're forced to foreclose on the property, and they are the current owners of the property. Chair Cox: So, who are the members of RP21 Coco Palms? Mr. DeCoursey: They are the lenders or their assigns from like I said, the original 22-million-dollar loan that was made to Coco Palms Hui, LLC. Chair Cox: And so, you're not willing to give us the names of the people that are on the project? Mr. DeCoursey: They're recorded, I believe it's a matter of public record. The deed or excuse me, the mortgage that was recorded against the property would include that list of original lenders. Chair Cox: Thank you. The State, the Health Department, State Health Department hasn’t issued your final permit yet. And that's because you have failed to fill in Form 1. I’m wondering why, why not fill in the form? Mr. DeCoursey: I'm sorry, was that directed toward me? Chair Cox: It’s either you or Mr. Crum. Mr. DeCoursey: Could you please repeat? Chair Cox: Yeah, sure. Right now, you have one permit still that has not been finally approved and it’s because the State Health Department has said that you failed to fill in Form 1. I don't know exactly what Form 1 is, but I'm wondering why have you failed to, why, why not fill out the form? Mr. DeCoursey: I can't speak to the exact details, we've hired Ron Agor, an architect to handle all the permit issues. He’s been working on those diligently according to my understanding. Chair Cox: Thank you. Can you explain what's going on with the leases? You were according to the condition, 20.F., You were to provide the department with a report on efforts to work with DLNR to obtain permission to use the lands held by a lease for a mauka access either vehicular or by pedestrian to allow movement of residence between Kuamo`o Road and Haleilio Road, sorry I just ruined that, but what is the status of this? Do you know? Mr. Crum: I’d say that, if I can speak, (inaudible)… Chair Cox: I’m not sure to who to ask the questions to at this point, frankly. Mr. Crum: With respect to condition 20.F., the progress on that development condition is ongoing, and there will be forthcoming updates as things move along. Chair Cox: One of one of the issues with the leases is that they actually do not have the current assignment. They are still assigned to an entity that is no longer at all. Can you explain what's happening with that? Mr. Crum: At this time as far as getting into the details of progress on the development and or the merits of the petition that's before the Planning Commission, my understanding was that this was to be a HRS Chapter 92 hearing and that we were going to present the position, and the Commission would rule on it. To answer your question directly, I can't comment on that at this time, but as if given an opportunity to fully brief the 21 issues relevant to the petition as well as give an opportunity to get up to speed with progress with the development, we'd be happy to do that at a later date if the Commission is inclined to grant a continuance. Chair Cox: The reason I'm asking these questions, is these were, these are conditions that were part of the permitting and so, if one of the things we're being asked is whether the permits should be lapsed, one of the things we would look at is, how are the conditions being met, so that’s why I’m asking. Another question I have then was about the plans for your affordable housing, and I'm just wondering if there's been anything new about that. I’m gathering you feel like that you can't answer that without further consultation, is that correct? Mr. Crum: Well with respect to any individual development condition, a status report has been filed and received by the Commission, If I understand correctly, that was submitted on or about June 30th, 2022, and then taken and filed on August 23rd. The comments made in the status reports would be, what we have to say on with respect to each development condition at this time. Chair Cox: Thank you. Mr. Ako: Madam Chair, I have a question. Chair Cox: Yes, go ahead. Mr. Ako: If I can ask, I guess it's for you Mr. Crum. I think the reason why we’re here today is to make a determination upon the declaratory order, I think one question up there is whether substantial progress has been made in regard to the SMA Rule 10. Can you explain to us the substantial progress that Coco Palms has made? (inaudible) SMA Rule 10. Mr. Crum: Yes, thank you for your question. And I think that the status reports that have been filed as required for the development since 2018, until this year. Condition 29 requires that each, on or about June 30th of every year, that we explain in some file, and given to the Commission that what progress has been made with respect to the development, and I think it was in that same hearing, according to the draft minutes on August 23, 2022, that with respect to SMA Rule 10, I think it was Ka`aina Hull that said, that might not be the applicable analysis here; that because the conditions are beyond the limited scope of the two year substantial progress rule within SMA Rule 10, that that would be not the applicable rule to measure the progress. That notwithstanding compliance with development Condition 29 updating the Commission on the ongoing completed and forthcoming tasks would be the substantial progress that's been made and there’s, I have not seen any record at this time that shows that my client is not in substantial compliance with the development conditions and if, Chad if you have something to add. Mr. DeCoursey: Yes, if I could address the Commissioners. We've to date, there’s been over 6 million dollars that has been spent towards the demolition, seeking the additional permits. I think it's 28 or 29 of the permits that have been pulled so far. We're doing our best, honestly, I mean, I've been involved in this transaction since 2016, representing the lenders in the initial transaction with Coco Palms Hui, LLC. And we frankly, we’re as frustrated as, as probably many of you on the islands are regarding how things played out. It was never our plan to have this be a delayed drawn-out project. We funded what we hoped would be a short-term loan to quickly get the project up to speed. Like I said, over 5 mil, well, in the first two years, so from 2015 to 2017, we have immediate records of what we the lenders funded of over 4.7 million in demolition we did our best to keep the project on track including granting many forbearances, working diligently to go above and beyond what would be required by a lender to help Chad, and Tyler, or the Coco Palms Hui entity be successful. Ultimately, that was not the case, and we find ourselves in the unfortunate position of having to take over the property. But even since that point, we've been diligently working to achieve all the permits to comply with the conditions as required by the Planning Commission. I'm open to 22 additional comments, discussions, any offers we remain open to discussions with the community. If there are better plans for this property, please let's talk. Mr. Ako: So, is your position that substantial progress has been made, or is your position that, because of all these obstacles that you have met, if you have come across your path, that you have just done your best? Mr. DeCoursey: So, as Mr. Crum has talked about, we're not sure that that's even at issue here. We're not sure that rule 10 applies that the substantial completion may only be required after we've met or obtained all the permits, so that we can actually proceed. But our position, you know, in the alternative, if rule 10 does apply, substantial progress has absolutely been made on this project over 5 million dollars went in in the first two years, from like I said before, 2017 to removing asbestos and other harmful materials from the site that even if nothing else had been done, left the county and the site in a much better position than it was previously. Mr. Ako: So, in dollar wise, you're looking at like 5 billion dollars is your definition of substantial progress? Mr. DeCoursey: I mean my bank account is nowhere near that balance, so it’s substantial to me. Mr. Ako: What about in relation to the project? Mr. DeCoursey: I think in relation to the County, the County budget, I would imagine 5 million dollars would be a check you might not want to write. Mr. Ako: No, not the County, the project. The project itself. Mr. DeCoursey: Yes, I think it's a substantial progress towards completion of the project. Without it the project couldn’t have proceeded. Chair Cox: Any other questions from Commissioners? Mr. Ako: I have a question for Ms. Tico. Chair Cox: Okay. Mr. Ako: Should I ask her now? Chair Cox: Let's proceed. Does anybody have any more questions for the owners? One of the reasons that I was asking questions about conditions is, if you're saying that the Rule 10 isn't applicable because there are, was conditions that had a timeline. Then one of the things, one of the responsibilities of the Commission is to ask questions about how those conditions are moving along at any time. I mean, we know you give us an annual status report, but we also can ask additional, how are things moving ahead. So, in that light, I'm wondering, the traffic study for the project was done quite some time ago and our traffic situations have changed dramatically since then. Are you willing, is a project willing to voluntarily undertake a current traffic study? Mr. Crum: Chad, if you’d like to comment or maybe this may not be the appropriate time to discuss these things unless you have an affirmative statement one way or another, Chad. Mr. DeCoursey: I think my only comment there would be that we've done our best to comply with everything that's been asked to this point. But I don't know that we have a desire to accept additional conditions, or I'm not sure if that's what's being proposed here. 23 Chair Cox: I just want it on record then, that is a major concern about that has come forward. Another major concern that is, come forward, as you know, is the impact of climate change, and you know we do have on the island now, really forward-thinking rules and ordinances about climate, how to deal with the coastal erosion, highway run up, tsunami evacuation areas, as well as flooding, passive flooding. We have new scientific data from the Kaua`i Sea Level rise viewer, and it clarifies that this resort property is subject to the effects of climate change, including high wave run up and passive flooding. We're already seeing the results of this. One of the things I find actually have to say a little shocking, is that we don't have anybody here in person. I mean, clearly, this has been something that is really of concern, not just the climate change, the whole project. All along this has been a great concern, and yet, we don't seem to be important enough to have a somebody actually come and talk to us. But what I was getting at is that those effects of climate change are already happening. If you drive by your parcels, you'll see that there is a problem with climate change already. And I was just wondering if you're familiar with the data, and if so, how are you taking it into account and addressing it your project? Mr. Crum: I would, if I could. We'd like to state that the project is important to my client. We're making our presence heard today. We’ve made time to appear here, and we made time to appear at other hearings. With issues coming in person, seems like there will be opportunities to do that down the road. With respect to recent data that you've raised, I would state that there the meeting of the special management area use permit, which is (inaudible) environmental permit is consideration of environmental issues that play with the property. Chad, did you have more? Mr. DeCoursey: Yeah, I would have loved to be there in person. I personally found out that we were on the agenda for this meeting only 5 days ago, was unable to arrange my schedule and travel to get there. We, our architect, and others working on the plans are fully intending to take into account in the design of the project the relevant environmental concerns. Chair Cox: Just I guess, it's a point of record that those, the environmental concerns that are evident now, and that we know of are not the same as what would be when the permits were issued because so much time has lapsed, so I hope that it factors taking into account the current situation. And I guess the, I have a couple more questions, is that…I want to be open to other…Okay. Given the large volume of public testimony that came forward at the last meeting, as well as this meeting, we didn't have as much in person testimony but lots and lots of written testimony and their concerns regarding traffic, the effects of climate change, as well as the areas, important cultural significance. Just wondering why, why is the owner, why are you…Why, I think I understand Chad, why you're interested in proceeding is because you have money that you've invested in this thing and are hoping to get it. But why would a developer want to move forward with a with a project that is, that is fraught with so much community opposition, for some pretty good reasons? Mr. DeCoursey: I think probably my short answer would be that I represent investors. I have a fiduciary responsibility to help them obtain their money. If there are community groups that want to pay to purchase the property, we'd be happy to entertain offers. But as it stands, we have the permits in place, and the best way to both eliminate what's been a problem spot for the community, and also resolve the concerns for our investors is to proceed with the development of a hotel that will bring additional revenue, jobs, etc., to the county. Chair Cox: Thank you. And then I have just one final question, and that's just because, as you've heard, and if you know the history of this project has not been exactly the way you wanted it to go, or the way the island wanted it to go. Can you speak to the capacity to finish this project now, because we've had so many you know, turnovers and so forth. I'm just wondering, do you think there is a capacity to actually complete, finish this project? Mr. DeCoursey: Absolutely. I can speak both on behalf of Reef as a larger organization and also, potential buyers. But for our part, we are currently developing an 800-million-dollar resort here in Utah, where we're 24 based, but also one in Virginia. We have a full real estate development team that would be perfectly capable of taking on and handling a project at this magnitude. If that's the route that the lenders elected to pursue. Chair Cox: Thank you Chad. I believe, unless other people have questions, for Chad or Rick, we can go to, you had said you had a question for Terry Tico. Mr. Ako: Yeah. Chair Cox: Thank you. Mr. Ako: First of all, Terry, I want to thank you for being so concise in your document that you had put forward, and so clear. Ms. Tico: Thank you. Mr. Ako: You know, you had stated it. But (inaudible) declaratory order do you, your request is for two things, one is for whether the permit has lapsed or not and the other one was regarding the constitutionality of the issuance of permits. Do you believe the Commission has the authority to act on the constitutional… Mr. Hull: (inaudible), sorry, you need to talk into the microphone for the record. Mr. Ako: Oh, sorry. Ms. Tico: I understand the question. I had the discussion with the Deputy County Attorney on this issue, and it is true, that you do not have the authority to rule on constitutionality of the passage of this ordinance as special legislation, but I put it in there because I think it's important for this commission to understand the whole basis of the issuance of these permits in the first place, was illegal, it was unconstitutional. I think the county attorney, I think, Mr. Bracken would agree with me on that. Go back to the super ferry, you know whole story about the Governor telling the legislature, let them, you know, get away with them not doing an EIS so they can stay in business, and the Supreme Court said, you can't do that just for one business that is considered special legislation, it’s unconstitutional. But I would agree with you, no you do not have the jurisdiction to make that ruling. (inaudible). Mr. Ako: And then regarding that SMA permit, I think we'll all agree that that's the guiding document that determines the lapse of, I think the question that’s coming up is, how that language is being interpreting. That's why I thought you did a very good job in defining all the different phrases of the language itself, except the first one, see unless stated (inaudible), I think it reads, unless otherwise stated in the permit. I think that is what is that kind of tension right now. Ms. Tico: I agree. Mr. Ako: Do you believe that that is a significant part of it? Ms. Tico: Yes, I do agree. I believe that every element of this rule must be addressed, and we believe that the director did not make a statement that they are exempt from this rule, and you know really, when you look at it, and there's this requirement for annual recording if they wanted to, they could file an annual in the next 100 years and they're interpretation of this rule. Our interpretation is consistent with Judge Watanabe's interpretation, which is a strict interpretation. That the planning director must make a specific finding that substantial progress was made on the project within the first two years of the issuance of permits, and I did site the Summers versus Kaplan case, which I don't know how many of you are familiar with this case but, you know because permits, even though he had been issued something like seven permits in the first few years and work had been done, she said, that's not enough, getting issue permits without doing the work, is just not enough, so, she said that the SMA permit had lapsed, and even though it had lapsed years earlier, 25 under her decision, he had start over and he did start over. And we feel that these developers should be held in the same standard that court imposed in the (inaudible). Mr. Ako: Do you agree with the fact that, the unless otherwise stated? There is a condition in there that talks about that (inaudible) shall start one year after all permits are issued. Does that play a role in your interpretation? Ms. Tico: My interpretation is that they can't take forever. They can't rely on filing an annual permit year after year, after year, and say that they don't have to start construction until they get all the permits that they don't have to get all the permits, because as long as they file an annual, they’re good. No, they have to make progress. There's just been no progress in our view. We have a different interpretation than they do, obviously. Mr. Ako: In my mind, I'm thinking that that condition is saying that one year after the final permit is issued, then substantial progress needs to be made (inaudible). And I’m just wondering whether (inaudible) that you believe is a substantial part (inaudible). Ms. Tico: And I think you need to go a little further back. They can't just sit on in obtaining these permits. That's where the substantial progress should’ve been made. They should’ve been moving on it. But this health department permit, what's holding them up? It's so simple, it’s just the form. Are they waiting on something? Do they want to stall because they know they can start construction one year after that form is signed? Mr. Ako: There’s another statement in your document, where you talk about that the director should be making a determination on this, within two years of the permit. Are you talking about the director should make a determination within 2 years of the permit? Ms. Tico: The SMA permit. Mr. Ako: Right. Ms. Tico: Correct. Mr. Ako: That's why I'm wondering in my mind, how does he make, I guess, a ruling about substantial progress within two years when the developer is given within two years to complete the substantial progress? Ms. Tico: He has the ability; they have the ability to come in and ask for an extension. Mr. Ako: I think I’m looking at it like, if the RSVP is on October 10, how can I make that determination of whom I guess this (inaudible). I might have to wait till the 11th to figure out who actually responded or not, to not have to wait after the two years… Ms. Tico: I understand… Mr. Ako: …determine whether substantial (inaudible). Ms. Tico: I understand where you’re coming from. Our interpretation and Judge Watanabe’s interpretation is different. Mr. Ako: Thank you. Ms. Tico: Thank you. 26 Chair Cox: I have one question and it’s sort of a follow up from you recognizing that we can’t really rule on the constitutionality of the Iniki Ordinance extension. So, if we ended up, not saying we are or aren’t, but if we ended up denying your petition, would you then take it to court because of that constitutionality? Ms. Tico: I can’t say I would have to, you know, discuss it with my clients. Just to get to this point, if I may say, it was a very arduous process because you’re dealing with organizations, and you have to go to the national level to get their consent through their attorneys. So, I really can't answer that question, I'm sorry. Chair Cox: Okay. Thank you. Any other questions for Ms. Tico? Any questions for the department? I have two. Could you tell I spent a lot of time on this over the weekend? Although, I’m deeply concerned about all the issues that have been raised, I’m perhaps most concerned about the effects of climate change, since the impacts of climate change, health and safety of people, as well as the damage or loss of property. How do we protect people and property in this area that will be affected by climate change, if we do not request that they address this in their project? I realize adding an additional condition at this point is difficult, but isn't it necessary, given the liability. And this, I guess, is where my question, is there liability that may occur if we don't ensure that this resort is built according to what we now understand, is a safe way? Mr. Hull: The liability I’ll have to refer you to your attorney. But concerning continuously concerns that are raised about climate change in particular and the sea level rise, and (inaudible) flooding that’s projected at this property. The Council did in fact (inaudible), adopt a sea level rise constraint district that lays over on (inaudible) over a portion of this property because it is anticipated to have passive flooding, highway run off occur with sea level rise in this century. Which would essentially be within a lifespan of the buildings we’re talking about here if constructed. The thing is is that we anticipate the mayor signing the agreement that was proposed to the administration, but it hasn’t been signed into law yet. But once it is signed into law, while the department can say to owners and applicants, they should consider these new rules and regulations because a homeowner or a property owner receive the zoning permits prior to the adoption of this new law, the Planning Department cannot retroactively pin the regulations on this development. Should the developer absolutely take into consideration, they got to project the (inaudible) is in fact, yes indeed we should. Now, (inaudible) I have to refer you to, as far a lie. Ms. Barzilai: I think we can speak in executive session. Chair Cox: Okay, well I have one more question for the department. And then, can you explain the interpretation of SMA rule 10 as it applies to this project? Mr. Hull: Yeah, I think that's that is, somewhat one of the hardest is this request or partition before you folks, is that indeed as Ms. Tico brought up, and the department's grateful of that, because we lost in that case in which we have previously interpreted rule 10 to state that indeed there’s a two-year window in which an SMA permit needs to have substantial progress done. However, from legal advice for decades, we always interpreted as, if it was beyond that then the permits are still active, in so far as the management has not proactively killed or denied the permits. So that was the heart of was being referred to as the Watanabe Ruling, I just want to caution everybody, Watanabe Ruling is not a precedence set ruling, (inaudible) but it gives us a direction on how we should be getting interpretation, definitely. So, when she ruled that for this particular case, that the two-year lapse is a hard and fast lapse. The director has not found substantial progress then indeed these permits have elapsed. The Department is now with that ruling operating on the premise that there is a two year hard and fast lapse on all SMA permits previously issued if no substantial progress is done. However, the thing is that, in those permits with the Watanabe Ruling, there were no other deadlines or timelines set in those permits. So, the two-year window applies. The difference in the Coco Palms permits in our (inaudible), is that as (inaudible) the two-year lapse is first preface with the statement, unless otherwise stated in the permit, and it goes up to say, once a permit is issued the applicant must make substantial progress as (inaudible) director regarding the development activity within two-years, or the permits will be deemed to have lapsed and be no longer in effect. So, in this situation, we (inaudible) pay 27 attention to that first statement that first (inaudible), unless otherwise deal with the permit, and these permits were issued in 2015 and later amended in 2018. And a specific condition number 15, in the permit states, the applicant shall submit on August 31st, 2019, plans for all remaining permits for construction (inaudible) on the project site and will then after, diligently work in good faith (inaudible) Kaua`i Division of Buildings to obtain final building permit approval for all (inaudible) permits. Construction show commence within one year after the date of the final approval the reference building permits. With that statement, it essentially is adding on, it is otherwise stating that there are additional timelines being granted for these permits. And so, they did submit the building (inaudible), the departments (inaudible), it is (inaudible) building permits by, August 31st, 2019, and it is very common for developments of this size to take at least a year to (inaudible) process. Now granted it’s been close to three years now, but the department has been monitoring, and there has been proactive engagement from the landowner with the building department and meeting various agencies, reviews, requests and updating those plans. I cannot say that this landowner has been sitting on building permits, and not in good faith, proactively engaging the process, in the past few years they have been. If they were, I think as Ms. Tico, just sitting on building permits and not engaged in the building permits at all, that would be a different scenario, which we could say this is possibly is a violation of this condition, but because they been proactively moving them and there is indeed, one last building permit left, we haven’t determined it to be a violation of this condition, and again, there's still these additional timelines. Once they pull that last permit, there is now a new timeline, right, unless otherwise stated in the (inaudible), was here, unless otherwise stated in the permit. The department says once they pull that last permit, they’ve got one year for construction to commence. So, that is a new timeline, established via the condition, that they, but that’s essentially why the department has not issued a request for (inaudible) cause or a violation of these conditions, or recognize that these permits have lapsed because, again otherwise stated in the permits. I didn’t draft that condition; this commission did not pass that condition. I think we’re hearing a lot of public testimony and community objection to the project moving forward, for right now, all we have is a non- arbitrary, an impartial implementator of these rules and regulations and the condition, as approved back in 2018 by the Planning Commission at the time. That why the department has determined that the permits have not lapsed. Chair Cox: Thank you. I’m gonna let Jerry go first, only because you had asked many questions. Mr. Ako: Please, please. Mr. Ornellas: So, Ka`aina, you’re saying construction has to start a year, in a year. Does that include the demolition? Or actual construction has to start? And is that including demolition of existing structures? Mr. Hull: It would include demolition as well. Mr. Ornellas: So, you could take a year to demolish, and still be in compliance? Mr. Hull: Correct. Mr. Ornellas: Thank you. Mr. Ako: Sorry. Chair Cox: No, it’s okay. We want all the questions on the table. I just wanted to give Jerry a chance to ask one. Mr. Ako: I was just wondering what was the (inaudible) practice of the department in terms of determining substantial progress? I think it’s probably in all the SMA permits, right, it’s two-years. So, is there a warning that is given to the applicant that, two-years is coming up and you’re not making substantial progress, or do we wait after the two-years and then something comes up to say that there is no substantial progress or, I 28 guess even if there is substantial progress, is there something that is given to the applicant to let them know that there is substantial progress? Mr. Hull: No, we're actually, in the past no, because again for decades the attorney’s office advising the Commission and the Department to the interpretation, that even though the two-years is passed for getting a second permit, these are vested rights with the landowner, and until the Planning Commission proactively (inaudible) that they are not dead, so that was the (inaudible) for decades, and that's advice that was given, I’m not speaking out of executive session, that was advise pretty much given on the floor continuously. So, we’re just living in the shallow and paradigm after the Watanabe ruling within the past few years. So, the department has gone back and forth, quite honestly, on whether or not we should (inaudible) not making that proactive, going through all of our permits, making that determination, with no substantial progress and then thereby sending out the notice to all those (inaudible) that have lapsed (inaudible) departments. Like I said, Watanabe ruling has taken a lot of precedence setting ruling, so the concern if we did that, is how many now lawsuits are we automatically going to just spin up by sending those letters. Now granted when they come to us, we’ll take that interpretation. But someone sending that (inaudible). We've been struggling and debating internally, and the load of barrage it could subject Ms. Barzilai's office to, is one of our concerns, but it's a new issue relatively speaking. So, we're still discussing and balancing things. Chair Cox: Any further questions? I’m thinking that we probably need a recess. I'm also thinking that perhaps the Commission would like to go ahead and into executive session after a recess. If that is the case that we have a motion? Mr. Hull: Oh, before we do that, could I state that we got one last testifier. With the Chair’s indulgence and Commissioners, would it be…we have signed up for testimony, Charles Hepa. Sir, if you could state your name for the record and you have three minutes for testimony. Mr. Hepa: Okay. Aloha, my name is Charles Hepa. Basically, a lot of this permits have been bogus, in my language. I mean, there's a lot of loopholes, there's a lot of things in the (inaudible), there's a lot of things that needs to be, a lot of needs and (inaudible) needs to be respected, there’s a lot of protocols, there’s a lot of laws, if you look into it. The laws are set there in black and white. I am the great grandson of her majesty, Queen Deborah Kapule and King Kaumuali`i, I am their heir, I am Prince Charles Hepa. From her majesty, my great grandma, Princess Wahine Koolau Ka`iu. I have an affidavit of heirship, notarized and certified, if you folks would like to see it. Original copy, on me today plus my genealogy, my moku`au, who I am. I say no to all of this hotel, because the hotel is, it's gonna bring more chaos, like folks have been mentioning about more traffic than this island has ever seen. Yes, I am young in front of your eyes but I'm an old soul in a young shell (inaudible). I’ve been around, since I was a little kid seen this island change for a lot of good and lot of bad. I know some faces in here, you guys know me, and I mahalo you folks for the time, I thank each and every one of you with lots of love and aloha. I hope you folks the opportunity later to see my affidavit of heirship that is notarized and certified. The culture to what what our family, our royal family expect is to have our `aina to be a cultural place for our kupuna to go to be free away from distress and chaos in the world that we are living in today. But such as everything rises to climate change, prices, everything is so ridiculous now. It’s a flood zone. There's many issues going on with the property, that's the reason why I believe they can never be built. There's always a rock wall that people running into, you know, I hope folks make the right decisions. Thank you, guys. Aloha. Chair Cox: Mahalo. Mr. Hull: Thank you for your testimony. Chair Cox: Does anybody want an executive session and the other decision we have to make that Donna just reminded me, is do we want to take a lunch break or just a break and eat lunch during the executive session? How would you like to handle the, we have three needs, break, lunch and executive session. 29 Mr. Ako: Madam Chair… Chair Cox: Yes. Mr. Ako: I move that we enter into executive session. Chair Cox: Okay. Do you want to eat lunch during executive session? Mr. Ako: I’m sure we could combine it all, just to save… Chair Cox: Okay. Ms. Barzilai: (inaudible). Mr. Ako: Oh… Chair Cox: Well, I can do that. Pursuant to Hawaii… Ms. Barzilai: We need a second, Chair and a (inaudible). Chair Cox: (inaudible) okay. Okay, we have a first, do we have a second for (inaudible). Ms. Otsuka: Second. Chair Cox: Okay. Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions, issues, status and procedural matters. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission and the County as they relate to the matter of: Commission consideration of Petition for Declaratory Order Regarding Special [sic] Area Use Permit SMA (U)-2015-6; Project Development Use Permit U-2015-7; Variance Permit V-2015- 1; Class IV Zoning Permit ZA-IV-2015-8 for Coco Palms Hui, LLC. Ms. Barzilai: And you need a vote on your motion, Madam Chair. Chair Cox: May we have a vote on the motion? All those in favor say, aye? Aye. (Unanimous voice vote) Any opposed? Motion carries 6:0. The only question is, we need to let others know how long were going to be out. Ms. Barzilai: I think that would be very hard to determine, we could be out up to two hours. Chair Cox: Oh, okay. So, we just leave it open or (inaudible). Ms. Barzilai: (inaudible) 1 p.m.? Mr. Hull: I would be hesitant, it may take that long but the thing is, if you state 1 p.m. on record here and you guys finish within 45 minutes, we’re going to have to wait till 1p.m. So, (inaudible) is kind of better advised, recommending that the regular public be reconvening at 12:30 p.m. or thereafter. Chair Cox: So, we will reconvene at 12:30 thereafter. The Commission entered into Executive Session at 11:48 a.m. The Commission reconvened to Open Session at 1:10 p.m. 30 Chair Cox: We will now reconvene the Planning Commission meeting. And thank you very much for patience. I hope you all had a chance to get lunch. You can be assured that we were all busy and thinking hard. We're now at the point where we need to have a discussion about how we want to rule with, we're at the point where the two decisions need to be made, one is, and that, there has been a request for a continuance, and that has also been agreed to, by Terry Tico and so, we need to decide whether we want to grant or not to grant the continuance, and if we are not granting the continuance, we need to make a decision about the declaratory order. Whether we believe the permits have lapsed or not. So, that’s where we are now. Commissioners, what are your thoughts? Mr. DeGracia: I have a question on the continuance. I'm not sure like how much of a length time the parties would be open to continue this. Ms. Barzilai: Vice Chair, maybe you want to call the petitioner to the table. Ms. Tico: I'm not sure but I read somewhere, if the continuance is granted, it would be for no more than 45 days. Am I correct, or did I misread that? Ms. Barzilai: It’s in the rules? Ms. Tico: In the rules somewhere, I don’t have it with me but, I think 45 days would be more than sufficient for (inaudible) schedule. Ms. Apisa: That would take us into December, and the holidays, and we probably only meet once in December, would January be acceptable? Ms. Tico: Yes. It would give the parties more time to meet, which we today have yet to do, and they indicated today that they were willing to meet with us. Ms. Barzilai: Ms. Tico, I don’t find in the rules any prohibition on extending beyond 25 days. Ms. Tico: Alright. Unless there’s a stipulation? Oh, 25 days. Ms. Barzilai: (inaudible) want to stipulate, what you might be referring to is that, if that if it goes out to a hearings officer within 45 days, it has to come back to the commission. Ms. Tico: Yes, that’s what I’m aware of because we did make a stipulation of that 45 days to be extended. But, as far as the rule, it's in 25 days? I think it, you know any amount of time is fine, as long as the parties, and the Commission is (inaudible), things are done by stipulation and agreement all the time. Ms. Barzilai: It’s not specifying in the rules but if it does go out to a hearings officer, we would have to come back to that in 45 days. Ms. Tico: Yes, okay, that’s what I was thinking, alright. Mr. Hull: Just for clarity, I think what Ms. Tico is referring to is the 45 days limitation is actually on the action of the commission. So, the Commission actually has to either deny or issue a declaratory order within 45 days, but of course what Ms. Tico is getting at is, she’s open to a continuance, so... Ms. Barzilai: So, what occurred with this is that the 45 days expired on October 7th, and Ms. Tico and I stipulated to extend that 45 days till today, so we would have to accept… Mr. Hull: Exactly. 31 Ms. Barzilai: Are there any other questions for Ms. Tico? Mr. Ornellas: What do you hope to accomplish during the continuance? What would be ideal? Ms. Tico: We would like to meet with the developers’ representatives, and their attorneys very much so, and as I indicated to date, that's been a fruitless undertaking but after today's hearing, I believe sincerely that the attorneys are sincere in their representations if they would like to meet, with us and I believe that after today's hearing they will be motivated to meet with us. I will definitely follow up with them. If this continuance is granted by the Commission. Chair Cox: It might be helpful to hear from either Chad DeCoursey or Rick Crum, I don't know are they both…are you both out there still? Mr. Crum: Yes, we are. Chair Cox: Okay, and would a continuance until January work for you? Mr. DeCoursey: I can speak to that. We would strongly prefer to meet and resolve this sooner rather than later. We feel it's in everyone's best interest to keep things moving on this project. That's been one of the main complaints to date is, or that I've heard, at least from the public, is the time that it's taken, and we certainly don't want to be contributing to further delays, we would prefer to meet within 30 days, well approximately 30 days, if possible. Chair Cox: Thank you. I think another question would be, are you during that continuance, we've just heard from Terry Tico that one of the desires she would have during that time is to meet with people from the property owner and owners, and the attorneys, is that something that your side also would be agreeable to? Mr. DeCoursey: Yes, I believe we’re completely open to discussions to see what could be accomplished. Chair Cox: Thank you. Ms. Tico: Thank you. Mr. Hull: Ms. Tico, sorry. Ms. Tico: Sorry. Mr. Hull: Just like ask you, or both, in looking at the commissions upcoming calendars, the continuance to, I'm not saying we're recommending a continuance (inaudible) because of conversation has gone into, what would happen in a continuance. The Department has strongly recommended not doing a continuance to a date in December, as far as the December, it becomes an issue in making quorum. We have one meeting scheduled in November, on November 15th, for November. We don’t have a meeting scheduled for the second or fourth week in December. It’s November because, more than likely we’ll run into quorum issues as well. So, (inaudible) pushing this to November 15th, the department, if the Commission is looking at entertaining a continuance, we then recommend either the 15th, or January 24th, or February 14th. Because of the back log and quorum issues that may be generated in December, we anticipate the first week of January having a fairly large and robust agenda and to be fair and be honest, having Coco Palms on a separate agenda maybe appropriate. So, I'm not sure if you folks are able to meet possibly sort out any issues within the next, quite honestly 30 days because the next meeting is November 15th. Ms. Tico: It’s really up to them We've been ready, willing, and able to meet with them all along, but they haven't gotten back to us when we’ve reached out. So, I would put the onus on Mr. DeCoursey. 32 Mr. DeCoursey: November 15th is acceptable to us, and I apologize for whatever failings we've had in the past as an organization getting back to you. We will look forward to speaking with you. Ms. Tico: Thank you. Mr. Hull: And so, with that, just want (inaudible) commissions on the application. The Department (inaudible) if their contingence is entertained to be (inaudible) would recommend going to the latter meeting in January, expecting resolution within the two weeks that has to be agendized, I wouldn’t expect it and I don’t mean to speak up on these to parties but expecting a lot of movement to occur between the two parties within the next two weeks, I, to be honest, I have a bit of hesitation on that but they have made the statements they’ve made, the commissioners able to either or pursue other actions on this condition, so we’ll see what happens. Chair Cox: Given that, I think again we'd have to come back to Mr. DeCoursey, because I know you were the one who wanted it to happen sooner. Would you be willing to have a continuance? Because we actually need both parties to agree, right, for a continuance. (inaudible). Mr. Hull: Well technically, technically there’s a petition, a petitioner is only part in this (inaudible) defer (inaudible). Chair Cox: Okay, okay. Ms. Barzilai: The clerk is correct. Chair Cox: Okay. Ms. Barzilai: You would need Ms. Tico’s consent. This party has already asked for continuance so, I would imagine that they would (inaudible). Chair Cox: Okay. Ms. Barzilai: We should set a date if that’s the direction and I think that shouldn’t foreclose other debate, public debate of the Commission at this time. Ms. Apisa: I would like to ask a question, I guess, is Fern Holland…the only way I can see this ending up in a lovefest is a quick (inaudible) for you guys to get together and come to some agreement. But I guess I need a little more confidence that you have financial backing to take any action. Ms. Holland: What kind of confidence would you like in that way? Ms. Apisa: Well… Ms. Holland: Because I also want the confidence to be like, what we have, I mean, we have like, I said, we've had significant owners that have spoken up about wanting to be a part of being an anchor donor and creating the vision that we have for the site. I can drive them forward to hopefully be more involved and I'm hoping that some of them are watching here today. But I mean outside of a huge hundreds and hundreds of testimony, and hundreds of you know, supporters that want to see this happen, I can't give you like a, I can't, I definitely don't have the money. Ms. Apisa: I understand that if, I guess I'm just thinking of the, there’s the purchase, there is the development of it, to whatever your vision is, and then, the maintenance, and so, and it goes on in perpetuity, so, you would have to have some… I just was involved in it 20, 30 years ago, and so I just know the project. 33 Ms. Holland: Yeah, yeah, and I would just say that you know, we have like I said they're reaching out to, and I can continue to ramp that up. To be honest, we've kind of stopped moving forward with a lot of the organizing. Most of this has done in a voluntary capacity for me, and so my focus has actually been tilted more to work. We didn't realize that the hotel permits were still being pushed through like they were, and as quickly and we didn't really…I went from like this position of creating a solution and meeting with people about how to bring that money in, to looking at this and our efforts are really changed to, oh, no they’re going to put a hotel here, after two-years of us trying to create this plan forward where we thought, oh, we're gonna come in and have this plan for the community for a site that's been largely neglected, and it's like, oh, no, no, all of a sudden the hotel is eminent, it's coming right now. And so, our efforts have really switched into dealing with the eminent development rather than the solution that we've be trying to craft in the future, so my energy over the last year hasn't been as focused in the outreach to funders as it has been. Lawyers and help people that can help to understand where we're at and try to, you know, honestly stop the community from being put in a situation where they feel like they're fighting for their lives and I know that there's a lot of people that are prepared to, you know, fight a hotel and I'm really just trying to come forward with a solution that brings the community away from that stresser point, and takes away the pressure of people feel like they have to, you know, stand and fight a hotel, but we’ve created a solution instead, and so, that's been the intent for the last two and a half years in that way but when you, any kind of help guarantee that I have, you know anything like that, I can’t give you that right now. Ms. Apisa: As I’ve said earlier, this is the first time I've heard anybody even come up with a concrete plan that it may be possible. I mean, everybody was expressing wishes, but this is the first concrete plan that I've heard so it's new to me. It's encouraging, so I guess that's why I'm just… Ms. Holland: Yeah, and we have been working very hard on (inaudible). It’s really been about two and a half years since we started to create a network of people and we brought people in that specialize in this kind of land acquisitions, we started meeting with Hawaii Land Trust, we started meeting with other trusts that possibly about, you know, pulling them in to be available but it is a work in progress, it is. There's so much opposition to a hotel on that site, be it because of traffic and community issues or Hawaiian cultural issues that I really believe that there's a lot of people that want to drive the solution forward there's so much support in the community for a Cultural Educational Center. That's really, you know, done correctly and honors the history of that place and, I just, I am confident that people will step forward. I do dream big, but I think that it's very possible, and I'm really hopeful that people will step forward with the finances to at least make the first acquisition possible, where we can start looking at that and hiring the work that needs to go into the demolition of the site, to get it safe. Ms. Apisa: Well, I wish you the best, sincerely. Ms. Holland: Thank you. Chair Cox: Any other questions for Fern, before she gets up? Ms. Holland: It’s my last. Chair Cox: We don’t want to use up all her energy going back and forth. Ms. Holland: Thank you. Chair Cox: Thank you. We have apparently one additional testifier. Mr. Hull: We were made aware that there are additional people in the audience, and they would like to testify, so, if you haven’t testified on this agenda item previously and you would like to testify on this 34 agenda item, please step forward to the microphone, state your name for the record and you have three minutes for your testimony. Mr. Anthony Aguiar: Three minutes! Aloha, I am Anthony Aguiar, I live in Kekaha, born and raised in Kapa`a side. I worked 1960 at the Coco Palms Hotel. First time I walked into the Coco Palms Hotel, into the registration desk. If you folks been into the Coco Palms, you just seen pictures, because you're not as old as I am, I’m 77, oh stop nodding your head. It was like a temple, you went inside there, I work there and the people who you summon to go to the luau they would come out fully dressed. That was a class act, that class act needs to be remembered and not gone back to. If you want to put up more hotels, put them in the Po`ipu area. First you folks have to go clean up the leptospirosis that is caused by the sugar cane company. You can’t walk in the water. When I go out there, I take tourists out there, I tell them, don’t walk in the river water, you know why, leptospirosis is in there, you get a small cut, you’ll be going to the emergency room. So, let’s take things one at a time, give us back Coco Palms hotel, or whatever the proper name is in Hawaii and let us use it, so that you can say, look we are doing (inaudible) to (inaudible) tourism here at the Coco Palms hotel and let them all go down to Po`ipu and get jammed up over there. Po`ipu’s a nice area I really like it. They're Cali fornicating Po`ipu also, in a real quick way. Come out to Waimea, and we have now taken Kikiaola boat harbor, made it into a bigger boat harbor, and now you cannot launch a boat from 6 o'clock in the morning till 10 o'clock in the afternoon, and when I say we, I mean people like me, who go fishing. We cannot launch because the Department of Land and Natural Resources has handed out so many vouchers to go out there and go to the Napali Coast, we out. And then you watch those people who bring their boats for tourists, they wash their truck over there, they wash their boat over there, they go around, they spend about half an hour, washing their boat. That’s my drinking water, I am angry, yes. Please give us back Coco Palms hotel. Fern has an excellent idea, and I know she has backers. We're not just whistling dixie, it is something that can happen. And if you really want tourism, high end tourism, please go to wellness. We can dig those platinum cards and take it away and charge everything through there. (inaudible), oh I see a bunch of blank looks. Nobody’s heard of wellness. Didn’t I talk to you about wellness when you came around? Or you never got there? Anyway, that’s me, Anthony Aguiar, Kekaha. Chair Cox: Mahalo. Mr. Hull: Thank you Mr. Aguiar. Mr. Aguiar: Any questions? Oh, you should’ve been there! It was a good place to work. Mrs. Guslander would feed you, breakfast and lunch. Mr. Hull: Thank you Mr. Aguiar. Is there anybody else here in person that would like to testify on this agenda item? You can approach the microphone, state your name for the record and you have three minutes for testimony. Woman from audience: I had something written but (inaudible) the other day. Amber Alimbiyoguen, I am now from Kekaha, I was from Wailua, and I did see the hotel while it was open, and I’m about forty something years old, I don’t celebrate my birthday because of the month that it’s in. So, I'm gonna give one section that I did write. So, from Kane wahine (inaudible) is Lot, Abigail Maheha, (reading off Hawaiian names). That line does have other heirs and I married Keawemahi-Reid of that line, cause she had sisters and there’s other lines that have other children. And the issue for that those families are agreeing to collect their genealogy to help with the case that had started, I believe in 1866, to deal with the permitting and other cases that had to do with the hotel originally and I think you guys should’ve received the holy trust because she did get to the burial conveyance. In another case for that, the executor (inaudible) and (inaudible), those are brothers, so, that would be the Koloa and the Wailua issue, The person that is in the middle of this issue is Mr. Hyde and we can all get all of the information through the libraries that we do have on the islands of Kaua`i. You don’t have to go anywhere else. But the other issues that comes with the finances to help Mrs. Fern and other people regarding to helping to finance the new buildings or whatever the case that they want 35 to do is coming over seas, and that is on its way, other than the Vatican moving its money, because it was a due date when it came to the ceded land issue, that was back then. That is another contested case but other than that, the culture and religious practices that were pertaining to Wailua and for the water issues, that is still on going, privately through the families. They will testify, if I can get them to gather information much quicker than Thursday, because we want it in person and on video due to the fact that you have to question the person and who they’re related to and how that goes on, if it’s (inaudible) or not. And the issue for the lawyers that are watching right now, they said that the (inaudible) has an heir to this, the heirs for Kamehameha III are still living and so they already conversed on this. The heirs for the Hyatt, that we see that is listed, my son Mauna Kea is part of the Hyatt family… Mr. Hull: Three minutes, Madam Chair. Ms. Alimbiyoguen: …and he was on the property and was practicing for the years that he was living. He died prior to this case, So, between 2010 and current, we have issues, and someone is playing with my phone and hacking, and trying to gather as much information as they can, which is all public, I looked at museums… Mr. Hull: Ma’am, if you could wrap up your testimony. Ms. Alimbiyoguen: …(inaudible) educate. Mr. Hull: You had three minutes. Ms. Alimbiyoguen: Other than the three minutes, you guys need to deal with this water case that is issued through Wailua and to Po`ipu because that is Mr. Hyatt’s doing and Mr. George Wilcox doing. This is public information, everything and the koa is not growing, by the way. We do have videos and everything for that. I’ve been working with Noa since 2008, we did a sanctuary for Kanaloa, which is all of the ocean. Then Puna side, that hilltop side and Mano, because the ocean is regarding to my grandmother. She still has that name sake. Mr. Hull: Four minutes, Madam Chair. Ms. Alimbiyoguen: Milo and Lono of their religion is on my paternal side. So, the issues that you are having… Chair Cox: Could you wrap up your testimony please? Ms. Alimbiyoguen: I know but the issues you guys are having are these two issues, for rights of water and acts and there’s other acts towards these people that are listed in congress that is being broken by the State of Hawaii. And, you should know this, your archeologist should know these things. They all come together one book. And I don’t understand why you guys are still arguing to this time. I been going on with my own education and my life and still get testimonies from families, I shouldn’t have to collect these testimonies. And it did help County and the State to get these people to work with you (inaudible) but they’re still having issues and they’re still (inaudible), that I don’t like and that is my testimony. You guys should do something about it. I am an ali`i maka`ainana and now a house of three. The Kamehameha line is already tired but they’re not going to give up and so is the other maka`ainana. Mr. Hull: Five minutes, Madam Chair. Chair Cox: Mahalo for your testimony. Thank you. Ms. Alimbiyoguen: (inaudible). Yes, and this will be sent to Congress by the way because we’re tired, we’re all tired and this is federal funds. 36 Chair Cox: Thank you. Mr. Hull: With that. Is there anybody else in person that has not testified on this agenda item and would like to testify on this agenda item? Seeing none. For those participating virtually, is there anybody attending virtually that has not testified on this agenda item, that would like to testify? If so, please indicate by raising your digital hand. Ms. Higuchi Sayegusa: At this point there are no attendees virtually raising their hand. Thank you. Mr. Hull: Thank you. Turn it back over to you, Chair. Chair Cox: Okay, going back to where we were, we were discussing the continuance but before we move forward, I want to make sure that there aren’t other questions or concerns that you have about the declaratory order itself. Mr. Ako: Madam Chair, can I just add my last two cents on this issue? Chair Cox: (inaudible). Mr. Ako: You know I just want to say, I’m very appreciative of everybody that has stepped forward on both sides of the issues over here and I really appreciate the (inaudible) that you all come from. And I know we all come here because we all care about Kaua`i, we all care about our island. We all care about the future generations that come forward over here. I think the one problem I have is that we all come here with so much passion but we come here and we all stay in our own lanes, and we advocate for this position, we advocate for another position and why, I really hope that when we have this continuance over here that we meet back in January, that gives us the time that we come together as one group and see if we can come to some kind of resolution of this, because in the end, come back in January, the Commission here is still going to have to make a decision on this declaratory order. I don’t know, which way it’s going to go right now I really believe if we cannot come together now on this, probably the biggest issue that going on Kaua`i for who knows how long. And I know those that are up in Utah or whatever, I don’t know if you seen all of the testimony but if you have not seen, no but you have seen today is a very small idea in terms of the number of people that have come out and spoken. So, in my mind, that if we can come back in January, we got to come back as a group and come to some kind of resolution, if not, I’m not sure how we can say, that we are in it for the betterment of Kaua`i. So, I just hope that come January that we come back together and at that point and time, we can just go ahead and move forward. Chair Cox: Thank you. Mr. Ako: Thank you, Madam Chair. Chair Cox: Are there any other questions or comments you want to make about the declaratory order or continuance? Mr. DeCoursey: Commissioners, and Mr. Director, If I could I would just like a little bit of clarification. We were open to the continuance but would strongly prefer that it be in an expedited manner, like sooner rather than later. So, are we talking, I mean, I fully intend to be prepared for November 15th. Is that still acceptable to the Commission? Chair Cox: I guess I was wondering, earlier I thought we heard that only the petitioner chose the date since they…I’m just a little confused on what our options are. Mr. DeCoursey: Okay. If I… 37 Chair Cox: Just need clarification. Mr. DeCoursey: Sure. Mr. Hull: (inaudible) let’s say that the petitioner does choose the date, pursuant to the rules, this petition is a bit unique, in that the petitions actions could drastically affect the rights of the landowner, and so, while it’s not in the rules that (inaudible), I urge you guys to consider the request because, I think what’s on the horizon here is, more than likely we’re headed to court, so, (inaudible) most considerable approach knowing that this is got a pretty strong chance of litigation and this… Ms. Barzilai: I’m in agreement with the Clerk and I don’t believe that more than a 30-day continuance is necessary in this regard. That would be my advice to the Commission. (inaudible) come back in November? We do need consent from Ms. Tico, and we would like for the consent from Mr. DeCoursey, that would be appropriate. I do not advise… Chair Cox: I believe Mr. DeCoursey has already agreed, the November date works, Correct? Mr. DeCoursey: That’s correct. Chair Cox: Okay. We just need to know if Ms. Tico is… Ms. Tico: We stated, (inaudible). Chair Cox: Yeah, so, the November date is (inaudible). I just have to say, my concern is, I have no question at all that that a good conversation can happen between now and then. I'm a little worried about what Ka`aina said earlier that we have to. it has to be agendized in two weeks and that's asking for an awful lot of motion in a very short time. But I don’t have any other… Ms. Apisa: I guess, a question of Teresa Tico. If we need to have this on our agenda in two weeks, in order to be on the agenda in 30 days. Do you feel that’s sufficient time? Ms. Tico: Most likely not, but I am hopeful that the developers’ representatives would at least have the courtesy to include us in their correspondence and should return my telephone calls and to schedule a meeting that they actually attend, and we would like the opportunity, to show them the PowerPoint presentation of the community's vision for Coco Palms. But I mean to work something out where our organization can raise sufficient funds, to actually make an offer to them is it's just not realistic, not in 30 days It's unrealistic. Ms. Apisa: What would be realistic? Ms. Tico: I think you know, January I would much, we would much prefer January, because we have the holidays coming up, but you know, if that's not possible. We'll take what we can get. Mr. Ako: Madam Chair, is it possible to grant the continuance and come November, if we needed another one, can we possibly agree to a second continuance? Ms. Barzilai: If the parties consent. Mr. Ako: Right, if the parties consent. Ms. Apisa: Chad, I know you’re wanting November, but I mean not 30 days but, could you live with January? 38 Mr. DeCoursey: I mean, I think we would prefer to cross that bridge if we need to. Again, our strong preference, and what, I mean, this whole issue is coming about because of an argument that there's been insufficient progress on the site, and we want to continue the progress and not hold it up. That's our position, if we need to extend again for November, perhaps we can talk about it at that point. Ms. Apisa: Ka`aina, is it even realistic to get (inaudible) on the agenda in 30 days? Mr. Hull: Yeah, we can slap it on the agenda tomorrow. It's just that, that’s the 30-day window there and there’s a lot of movement and I think we can all appreciate the passion and discussion and input that the community is provided. But some of this, to speak frankly and (inaudible), is also managing to a certain degree. Ultimately, it's a petition of declaratory order, it is, but there's also other parts of managing to a certain degree community expectations. And in the past two situations, no matter how clear we try to make it, both during the status report and the declaratory order, this body has been met with a considerable amount of community input that is under the impression you guys are reviewing permits asking to be approved and that just comes with the nature of the (inaudible). I understand that. Helping, but knowing that that's part of the discourse was that continues to happen with this. Do we set it for the member with pretty much all expectations, but they again get continue to differ off to January? That's, I think that's a, burden, or responsibility (inaudible) refer to the Commission as a whole. Ms. Barzilai: Again, the Commission will still have to rule on the petition at that time too. Whenever you come back. (inaudible). Chair Cox: Or whenever…Right. Ms. Barzilai: …render a ruling on the petition. Chair Cox: Right. Ms. Barzilai: Madam Chair, perhaps if you are moving in the direction of continuance, you’d like to set parameters. Things that you’d like to see achieved during that time period. If there are any other comments from commissioners? Chair Cox: I think we have one parameter already, which is, we want the parties to get together and see if there's a way to work out something that is agreeable to both. Are there other parameters you want that… Mr. DeGracia: Since we’re still on those lines, I ask questions for both parties, what would your expectations be if a continuance was granted? Well, what you guys want to achieve in that time? Ms. Tico: Thank you for the question. At a minimum we would, like the developers’ representatives and invite the developers as well to come to Kaua`i. We don't believe that they've actually, you know, seen the site, or and been in the traffic or experience what's happening along the Wailua corridor, and then we would like the opportunity to present our PowerPoint presentation to them, which they've never seen, and I think they will be impressed. We’d like to talk to them about a possible buyout, and you know, at one point we did have angel investors before the foreclosure proceeding, and as Fern explained, we you know dropped the ball on that after that happened because we didn't have 22 million dollars to offer them. If we can come together, I think anything is possible. It’s just a matter of coming together and I believe that they should come here to this island and meet with us in person. It would be far more effective. Mr. DeGracia: Mr. DeCoursey, you have anything to add? Mr. DeCoursey: No, I think we’re open to conversations, and we can certainly discuss traveling to Kaua`i to hear the presentation. 39 Mr. DeGracia: There’s based on that comment, I see that 30-days is kind of short with that expectations. I would hope that we come to agreements to have the continue to move to January and then I think these goals would be more achievable. Chair Cox: I would also like to add that, you’re right, Mr. DeCoursey that some of the frustration is the time frame, and how long this has been going on. On the other hand, I think that people will see the two parties talking and trying to work something out as such a positive possibility. We don't know if something's gonna come of it, but at least it's a possibility of something good coming from it that I don't think from the community standpoint I don't think it would be seen as a as a bad delay. I realize from your perspective it has ramifications. Ms. Apisa: I guess I would just like to make a comment, as I really see three parties here and I mean, I don't know that the third party has to come together but, I mean, we have the petitioner today, and we have the current owners, which I believe are maybe some LLC lender groups, then you have the buyer, who ultimately would be the developer, so I would hope that the current owner and the petitioner would come to an agreement. They're the parties that that really hold the clout here. But we can't ignore that third party either of being possibly an influencer. I'm not sure to what degree, but there's definitely a third party (inaudible). Chair Cox: Yes, Jerry? Mr. Ornellas: So, if the parties meet and progress is made or if the parties meet and no progress is possible. Could we shorten the timeline? Chair Cox: That’s a good question. Mr. Hull: Sorry, what was your question, Commissioner Ornellas? Mr. Ornellas: If the parties meet and come to a solution, or if the parties meet and find that no solution is possible, then could we shorten the timeline that they report back to us? Because this is not working at all, (inaudible) best proceed with the declaratory (inaudible). Mr. Hull: In the past we have had open-ended deferrals. I'm not familiar because with the declaratory rule position, if that’s kosher but I believe (inaudible), I believe you could do an open-ended one, or the petitioner to come back when ready to have the commission make an (inaudible) determination on the petition. So just upon petitioner’s desire to come back, I believe you could do that, but… Ms. Barzilai: I think it's up to the petitioner. It’s their petition, they're waiting for a ruling. So, whenever they feel it's appropriate to come back. Ms. Apisa: And then, as I would see, we could say, open-ended, not to exceed January 31st, put that we’ve got the holidays and also having to fit it into our schedule with a quorum, so it’s still not realistic. Mr. Hull: No, yeah, well, I think that, to that point, Commissioner Apisa, I think it would be prudent if you’re (inaudible) to say but no later than, say January 31st, 2023, because I think from the landowner’s perspective if the thing is still hanging over the…(inaudible) the applicant, Coco Palms, LLC. is not going to move, I would imagine, on the building permits, until this has been resolved. As we discussed her earlier, those building permits are part of a timeline and so, they are set to move within that new timeline to commence construction but now with this declaratively somewhat pending, I would imagine that they will not pull that last building permit, knowing that this is still up in the air. So, by default it essentially freezes progress occurring on the permits. 40 Ms. Barzilai: Madam Chair, maybe we can get a comment from the developer on that. What the Clerk just said. What is their intention currently? Chair Cox: Yes, did you hear that, Mr. DeCoursey? Can you comment on that? Mr. DeCoursey: I think I heard most of it, and as far as I understand, we do have, even now certain timelines running that I think are tied to a June date, we have concerns, some of those concerns could probably be alleviated if this commission can extend the dates on those permits, I'm not sure if that's within the purview of this of this commission; but if those permits could be extended, we'd certainly be more open to a longer continuance. Our concern is that we had a timeline running, but how would we be expected to put more money into something that’s still uncertain? Chair Cox: Reasonable. Mr. Hull: (inaudible) was before this Commission, even though even as part of the way to consent to it, the Commission can amend the condition, in this agenda item. Mr. Ornellas: (inaudible) Madam Chair. We have a letter developer requesting a continuance. Is that correct? Chair Cox: That is correct. (inaudible). Ms. Apisa: The question is the date. Ms. Otsuka: (explaining to Commissioner Ornellas). Mr. Ornellas: I mean, you request a continuance and now you say you don’t want a continuance. Ms. Otsuka: Cause the date. Ms. Apisa: It’s how far of a continuance is the question. I’m ready to make a motion. Chair Cox: I have one other question and then maybe make a motion. I just want to make sure, because we have again, because this has been such a confusing situation, with who's representing. Do you need Mitch Burton's consent to negotiate with Miss Tico's client? I mean, in other words, if you say yeah, a continuance and yes, you’ll go along with the January date. Is that binding? Or Mitch Burton, who has been representing himself, as a possible buyer. Our understanding is that it's an escrow, and he's going to be the buyer. Maybe you can give us a status on that escrow? Can you clear that up? Mr. DeCoursey: So, we represent the property owner, and have full authority to negotiate or discuss terms. We would out of courtesy, include the potential buyer group. They obviously haven't closed yet, so they don't have binding authority on the property, but we would include them as any prudent businessperson would do. Chair Cox: So, in other words, whatever we agree to, what you agree to today with Miss Tico is what will happen. Mr. DeCoursey: I'm not sure to the extent, I can find the property owner, if that’s what the question is. Chair Cox: Okay. Thank you. Alright. We can entertain a motion, and then if there’s further discussion, we can always do that. But if you're ready Donna to make a motion. 41 Ms. Apisa: I haven't thought through how to word it. I might need a little help here, but I would move that A Petition for Declaratory Order Regarding Special Area Use Permit SMA (U)-2015-6; Project Development Use Permit U-2015-7; Variance Permit V-2015-1; Class IV Zoning Permit ZA-IV-2015-8 for Coco Palms Hui, LLC. be deferred to no later than January 31st, 2023. With the expectation. That's not part of the motion. (inaudible). Ms. Barzilai: I think the deferral acknowledges that you grant the continuance. It’s fine. Chair Cox: Is there a second? Mr. Ako: I second that motion. Chair Cox: We’ve been seconded. Is there further discussion? Ms. Apisa: Well, the intent of the motion here is that that is the latest that, you know, hopefully some agreement or something could be achieved, so that we could come back well within that time frame but, and I would hope that the owners are able to work out whatever issues they need to work out that we're not able to work out here today, and if that is needed, but the intent here, is to allow sufficient time for the parties to get together and we will review this whenever it comes back to us. No later than January 31st, that’s the intent her, no later than. So, that'll motivate both sides, I guess to get on with it. Chair Cox: Is there a second? Mr. Hull: I believe Commissioner Ako was second on that. Chair Cox: Oh, okay. Sorry. Ms. Otsuka: (inaudible) state it. Chair Cox: Hmmm… Ms. Otsuka: Is it important that you state the year? Ms. Apisa: 2023. Ms. Otsuka: Thank you. Ms. Apisa: I thought I did but I might have (inaudible). Mr. DeGracia: I just have one more comment before we vote on this. I know you guys are the parties are getting together. I think, I believe in the last meeting that was held, you had to discuss more like a partnership between the development and community as far as, you know, adding on a cultural proponent to the project. So, maybe if it's not to purchase it outright, but maybe discussions of that could be possibility as well. Just a comment. Ms. Barzilai: Vice Chair DeGracia, I think you would have to make your requirements of the negotiations, and not just the suggestion, because it's now or never. Mr. DeGracia: Okay. Ms. Barzilai: So, you could strongly require that discussion. Mr. DeGracia: Will that, then that'll be included within this voting? This, this… 42 Ms. Barzilai: You can ask Mr. DeCoursey if he understands your direction. Mr. DeGracia: Okay. Mr. DeCoursey, do you remember this conversation held in the last meeting as far as having a cultural center as part of the hotel development? Mr. DeCoursey: I wasn't able to personally or attend the last meeting. But I have reviewed the minutes from that meeting, and to my knowledge, there is a cultural center currently in the plans. So, that's not a new requirement or something that we're not already planning to include. Mr. DeGracia: Okay. Chair Cox: I think in the in the discussion, the idea was to make sure that there was discussion with the community about the cultural center rather than it being developed simply by the developers, that the community needed to also be included. Mr. DeCoursey: And we can discuss that. I think, if there’s been a hesitancy to engage the community fully, it’s that it’s under contract with a new buyer group. We prefer to let them have their own approach once they take ownership of the project. Chair Cox: Sort of feels a little bit like a catch-22 to me, I have to just say is that I want, and I understand so this is not a criticism of you, but it just seems like we're, on one hand we can’t work with the owner yet because he doesn’t own it but, on the other hand, he's the one who's gonna be determining how we move forward. So, it just feels, to me it feels a little uncomfortable. Ms. Apisa: I guess I would say, it isn’t a legality, it’s a fact, but think they did acknowledge that they would be talking to them and a part to it, I mean, it's that's why I brought up earlier, they're really three parties here, and I think they're, I think they can figure it out to get together. I’m hoping that. Chair Cox: Any other comments before we take a vote? Mr. Crum: I have a quick one. The commission that I, if I understand they've granted the continuance to no later than January 31st, and as part of the continuance while the parties talk, the commission, I presume, would be open to receiving a written response from, RP21 Coco Palms, with regard to the petition. Chair Cox: I’m not sure I’m understanding. So, you would write a… Ms. Barzilai: Mr. Crum would like to file his opposition to the petition, and then there would be a reply from Ms. Tico, I would recommend that you accept that in the interim. Chair Cox: Oh okay, Mr. Hull: Well, sorry hold on, I think if the Coco Palms, LLC. provides a response to the petition, the Commission would receive it at the time scheduled continuance to occur. So, if they’re not ready to continue it and actually have action on it till say, January 14th, but they filed the opposition before November 14th, it wouldn’t come to the Commission, right, because ultimately the petition is what’s they enabling the agenda item. Right, so. I think it would be inappropriate… Ms. Barzilai: Yes, no, I understand what you’re talking about. Mr. Hull: …if Coco Palms, LLC submits their opposition… Ms. Barzilai: I know. 43 Mr. Hull: …the petitioners ready to come back and we schedule the opposition on an agenda where the petitioners are not ready to come back. Ms. Barzilai: It would be scheduled on the same day that we resolve what we are speaking about today but… Mr. Hull: …correct. Ms. Barzilai: …when it becomes a public filing, I think it would be fine for the Commissioners to see it, and then we would have a response from Ms. Tico. She would be entitled to a reply. Mr. Hull: You know the Commissioners individually could see it because it’s a public document, but I don’t think we would… Ms. Barzilai: It wouldn’t be under consideration. Mr. Hull: …be advising that she put onto an agenda for receipt until the petitioners ready to come back. Ms. Barzilai: That’s right, that’s right, because in any case they’re going to have to rule on the petition. Mr. Hull: Yep. Chair Cox: I hope that all made sense to you. So, yes. Ms. Barzilai: You can file your opposition. Chair Cox: You can file your opposition. Mr. Crum: Okay, and the Commission at this time setting a deadline, which is open to receiving written opposition. Am I understanding correctly? Chair Cox: Well, I guess the deadline would be the same as the deadline for the negotiations, the continuance. Cause it wouldn’t be after that right, I mean it wouldn’t make any sense to have it after. Ms. Apisa: It should be two weeks before that, so it gets… Chair Cox: On the agenda yeah. Ms. Apisa: …on our agenda. Mr. Crum: So, two weeks before January 31st? Mr. Hull: No, sorry. Sorry, Mr. Crum. Ultimately the petitioners essentially consented up to January 31st, but once the petitioners ready to come back, should they be ready to come back, say, November 14th, then we would agendize it, so it would be in your party’s best interest to honestly, file it before the next scheduled meeting, which is going to be November 14th. We don’t anticipate it to be on November 14th, but it would be in your best interest to file it before November 14th. Ms. Apisa: Two weeks before the next scheduled meeting. Mr. Crum: Okay. Thank you, that’s very helpful. 44 Chair Cox: Thank you. Any other comments before we take a vote? In that case, I think we should definitely do a roll call. Mr. Hull: On a motion to defer. Planning Commission Secretary Shanlee Jimenez: Ka`aina, the next meeting is November 15th. Mr. Hull: I know, sorry. Motion to defer this agenda item to no later than January 31st, 2023. Roll call. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Ornellas? Mr. Ornellas: Aye. Mr. Hull: Chair Cox? Chair Cox: Aye. Mr. Hull: Motion passes, Madam Chair. 6:0. Chair Cox: Yes, I guess we do want to take a brief break, before we do the final. Mr. Hull: We still have two other agenda items. Ms. Apisa: I’m good. Chair Cox: Ten minutes. Mr. Hull: A ten-minute recess? Chair Cox: Ten-minute recess. The Commission recessed this portion of the meeting at 2:03 p.m. The Commission reconvened the meeting at 2:14 p.m. Chair Cox: We’re resuming the Planning Commission meeting. Mr. Hull: Moving on to the next items. 45 COMMUNICATIONS – None Mr. Hull: On to Item J. COMMITTEE REPORTS Mr. Hull: I’ll turn it over to the Subdivision Chair. Mr. Ako: Thank you, Mr. Clerk. The Kaua`i Planning Commission Subdivision Committee met this morning. They were called to order at 8:30 a.m., at which time Commissioner DeGracia and myself were present. We had entertained four permits. One was on Kukui`ula development, for a 30-lot subdivision, one was the AOAO of Kulana, which was a 3-lot subdivision, there was another AOAO of Kulana, was a 2-lot subdivision and the third one was the AOAO of Kulana, a 23-lot subdivision, so all four subdivision maps were approved, 2:0. The meeting was adjourned at 9:15 a.m. Chair Cox: Thank you. Any questions? May we have a motion to approve the report? Staff Planner Kenny Estes: Madam Chair? Chair Cox: Yes. Mr. Estes: I’d like to make a correction to the subdivision committee report. Chair Cox: Okay. Mr. Ako: I’m sorry. Chair Cox: Go ahead, make the correction. Mr. Estes: Kukui`ula that was on for preliminary subdivision map approval, that was deferred to November 15th meeting. Chair Cox: Thank you. Mr. Ako: Thank you Kenny. Chair Cox: Now may I have a motion to approve? (Ms. Apisa recused herself from voting on this Agenda Item) Chair Cox: Okay. Motion? Ms. Otsuka: Motion to accept Subdivision Committee meeting report. Chair Cox: May we have a second? Mr. DeGracia: Second. Chair Cox: Did you mean approve? Ms. Otsuka: Approve. What did I say, accept? Chair Cox: Yes. 46 Ms. Otsuka: Approve. Motion to approve Subdivision Committee report. Mr. DeGracia: Second. Chair Cox: Okay, let’s do roll call. Mr. Hull: Roll call. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa is recused. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Ornellas? Mr. Ornellas: Aye. Mr. Hull: Chair Cox? Chair Cox: Aye. Mr. Hull: Motion passes, Madam Chair. 5:0. Next we have no Unfinished Business. UNFINISHED BUSINESS – None Mr. Hull: We move on to New Business. NEW BUSINESS (For Action) Mr. Hull: Agenda Item L.1. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2023-1), CLASS IV ZONING PERMIT (Z-IV-2023-1), and USE PERMIT (U-2023-1) to allow an after-the-fact hostel/hotel operation involving a parcel in Kapa'a Town situated approximately 100 feet south of the Kapa'a Neighborhood Center, further identified as 4-1552 Kuhio Highway, Tax Map Key: (4) 4-5- 012:013, containing a total area of approximately 7,500 square feet = BRIAN O’BRIEN (DBA. CASA LAGOA AZUL LLC). [Director’s Report Received by Commission Clerk 9/26/2022]. Mr. Hull: I’ll turn it over to, we closed the Agency hearing on this, so I’ll turn it over to Romio for the Directors report pertaining to this matter. Staff Planner Romio Idica: Aloha. Good afternoon, Madam Chair and Commissioners. Mr. Hull: I apologize, Romio. Sorry. The Chair did remind me that as we go through the agenda items, we take public testimony. We don’t have anyone signed up. Is there anyone in here attending in person that would like to testify on this agenda item? Not the applicant. If you’re the applicant, you’ll be given time 47 after the report’s given. But any member of the public would like to testify on this agenda item, please approach the microphone and state your name for the record. Seeing none. If there’s anybody attending virtually that would like to testify on this agenda item, please indicate so by raising your virtual hand. Staff Planner Shelea Koga: There’s no one currently with their virtual hand raised at the moment. Mr. Hull: Thank you, Shelea. With that, I’ll turn it over to the planner for the Directors report pertaining to this matter. Mr. Idica: Aloha, Commissioners. For your consideration of CLASS IV ZONING PERMIT (Z-IV-2023-1), PROJECT DEVELOPMENT USE PERMIT (PDU)2023-1 and SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2023-1). Mr. Idica read the Summary, Project Data, Project Description and Use, Additional Findings, Preliminary Evaluation, and Preliminary Conclusion sections of the Director’s Report for the record (on file with the Planning Department). Mr. Idica: With that, I would like to pause for any questions that you folks may have for myself or the applicant. Chair Cox: Thank you. Any questions or should we move on to the applicant? Okay, let’s hear from the applicant and then if there are questions for either department or the applicant. Mr. Brian O’Brien: Aloha, my name is Brian O’Brien. One second here. Thank you for the opportunity to move forward towards reopening our hostel. As soon as we can reopen, we can afford to upgrading the building to the new codes requested and return monies to the people we had to cancel their reservations. Thank you. Chair Cox: Thank you. Any questions for either the department or the applicant? Ms. Apisa: I know that hostel’s been operating for many years, I’m just curious of what brought this to light or… Mr. O’Brien: I’m not sure. Oh, I do know. The Fire Department came around on about March 3rd of this year and wanted to do a fire inspection and we invited them right in, and they said, ok, right away you need approximately a $25,000 fire bell computer system that rings bells and sirens at the same time throughout the building and I went, well that sounds like a great idea for safety. The they said we also needed to sheet rock our ceilings, double layer, because we just have open, real pretty cedar ceilings, and they said that’s not going to go, it needs to have the new fire stuff, so that sounded like a great idea too, safety all the way around and then just recently we’ve been informed that we’ll need to sprinkler the building and (inaudible) we did that before Iniki, I might even say it was the same company that will install it now, we’re with the company down here in Lihue. They installed the sprinkler system and five days later Hurricane Iniki hit the building and blew them right off the ceiling and we never did get around to restoring the sprinkler system, but I think it’s a great idea and we’re ready to do all three. We do need to have income to pay for that and that’s how this came about. Mr. Hull: I can just add, so, as the Commission knows, the departments enforcement division is a complaint- based division. We don’t have enough staff to go out there and proactively look for zoning and SMA violations, with the exceptions of illegal vacation rentals, which we have proactive enforcement, actively hunting, everything else is complaint based. So, the enforcement division didn’t have a complaint against this operation but when the Fire Department did their inspection, reviewing that they had some violations to the fire code, they cc’d all the other agencies to see if this operation is in compliance with all of the other 48 codes, and that’s where we got folded into it, well in fact they actually don’t have the necessary Special Management Area Use Permits and Zoning Permits for the operation. Ms. Apisa: Well, that makes me feel better. I just wanted to be sure there wasn’t a complaint from an occupant or something, so that’s good. Chair Cox: Are we ready for the… Mr. Ako: Can I ask a question? Chair Cox: Yep. Mr. Ako: Mr. O’Brien, I know you mentioned about that, once you open and you can start to rectify the renovations for the building. I mean, can you receive the permits to, I guess start your business again, prior to the completion of construction to rectify the building permits that needs to be done? Mr. O’Brien: I apologize, I’m having a very hard time hearing you. Ms. Apisa: Speak louder. Mr. Ako: I’m sorry, Mr. O’Brien, but I think my question was, you mentioned that once you get the use permits to open up the hostel again, then you can start having monies to rectify the repairs. Mr. O’Brien: Yes. Mr. Ako: To come in compliance with the… Mr. O’Brien: Yes. Mr. Ako: …building permits. Mr. O’Brien: Yes, we hope we can do that, yes. Mr. Ako: I guess my question is, are you able to open up before getting the building permits completed? Mr. O’Brien: Well, yes, technically and literally, we could open up tomorrow. We have reservations of people asking, all day, every day, internet and texting, and phone calls, so yes, we would, and I think, the people in Lihue here, the fire company, says they can start immediately, and it doesn’t seem like it was going to take more than about a month, I would hope. And there’s other small items that we could do ourselves. So, the answer would be that would be, that would really expedite it, getting the job done, on the one hand and reopening on the other or first the one and then the other. Mr. Ako: Thank you. Ms. Apisa: I think the point here is that, logically you probably need to have the repairs done before you can legally reopen. Is that the point here, Gerald? Ms. Otsuka: The permit, to get the permit to be open. Ms. Apisa: Are you in a position to do the repairs to make it up to code and then reopen after that? Mr. O’Brien: Well, it would be a tremendous financial burden, but we can move towards doing the upgrades, yes, but hopefully you would allow us to open first. I might add, these are three issues, all pretty 49 much dealing with potential fire, and we have a cold kitchen, meaning it’s just microwave and coffee pots, and blenders, that kind of stuff. No stove, we do not allow any smoking anywhere near the building, on it, around it, or whatever, including no candles, no incense, no nothing like that, and people have to sign a statement that they agree, will not violate our rules about fire, cause I’ve been really heavy about that from day one, when I originally built the building in ’78. Mr. Hull: Ultimately, they’ll have to resolve that with the Fire Department on their mechanisms and processes, for them to open in lieu of getting those fire upgrades done. It would have to be resolved by the Fire Department. But ultimately any applicant coming before the commission, generally wants to go before the commission before they start any of those improvements, because say, if the commission were to deny the permits, then they’re out all the money they expended on the repairs, so, this is a very necessary but also albeit a first step in the process of full compliance, but should the permits be granted from a planning departments perspective, they would then be in compliance with the planning rules and regulations. Ms. Apisa: The use permit is what we’re talking about? Mr. Hull: Correct. Mr. Ako: Thank you, Mr. O’Brien. Ms. Otsuka: Question on the, you originally started with forty beds, forty beds? Mr. O’Brien: Yes. Ms. Otsuka: And I’m guessing is it the County recommending thirty-two? Mr. Hull: Well, the department recognized that if there is no specific Hostel, code regulations or category within our code, so, we recognized that if, we do have specific density allotments for hotel rooms and we recognize the size of this property would allot for so many dwelling units, which the ratio would then be converted to hotel units, which is 2-to-1, the code, and if you look at that individual hotel unit to be capable of sleeping up to four individuals, which is a standard hotel room, not the suites, it’s not the penthouse but, can sleep up to four. That’s how we did our calculations, saying, that would equate roughly thirty-two beds. But at the same time recognizing the request was made for forty, we ultimately were recommending approval for the forty, we just wanted to draw; here’s how we made this calculation. But, ultimately there is no specific ratio for a hostel, and one of the albeit benefits of an after-the-fact-permit, I would not encourage the public to do after-the-fact-permits, technically they are, the operation is illegal until they have a permit, but one of the albeit benefits, you can say of this particular situation is, a use permit is about compatibility and whether or not you’re going to have a significant or negative impact on your neighbors and those who frequent the area, and those that live in the area. This operation has been going on for over a decade now, albeit without the proper permits but operating for over a decade now, without a single complaint generated, so, that somewhat speaks to a certain compatibility. That is a preliminary recommendation, if the commission of course, has issues and concerns with being able to sleep up to that many, the departments completely amendable to reviewing and discussing that as well. Ms. Otsuka: Now, I was wondering the plans that we received, is it designed for the forty beds? Mr. O’Brien: Yes. I would like to make one short note, we have been open as a hostel for twenty-one years, and smoothly, and I might add, worldwide, there’s approximately forty-thousand hostels, and hostels are just pretty much all about dormitories, so it’s a much different ratio compared to a private room for every people or persons that come to a hotel, so we usually, for our square footage, can easily handle the forty beds. Ms. Otsuka: So, there’s no changes to the floor plans or the walls? 50 Mr. O’Brien: There’s no what? Ms. Otsuka: There’s no changes? Mr. O’Brien: Oh, we’re making no changes whatsoever. Ms. Otsuka: Yeah, as far as the structure. Mr. O’Brien: That’s why I say we’re ready to open tomorrow because we will be making no changes other than we’ll be moving immediately forward with the fire codes. Ms. Otsuka: Thank you. Mr. O’Brien: Or any of the codes recommended, required. Ms. Otsuka: Thank you. Mr. O’Brien: Thank you. Chair Cox: Any other questions? If not, did you have one, Jerry? Mr. Ornellas: No, I don’t have a question, but I do have a comment. Everybody knows the hostel in Kapa`a, and I would say, it’s probably got the lowest carbon footprint of any hotel, motel, any type of guest accommodations on Kaua`i. Ms. Apisa: Yes. Mr. Ornellas: And I’m a little disturbed lately, you hearing a lot of talk now about what kind of tourist we want, we want quality tourist. Well, I think that’s kind of, it’s weird in a way. I think all people are quality people, if we gonna invite guests to our island, we should invite everybody, and not be (inaudible) about it. Most of his guests do not rent cars, they use the bus, according to his (inaudible), and I like that. In fact, if I had my way, I’d take the cars away from the tourists, and ride public transportation, but that being said, he’s got a really good reputation in Kapa`a, being a (inaudible) and I think that his not having a permit, probably rose from his assumption that for what he was doing was perfectly legal because he has been paying his accommodation taxes all along and has been in compliance with all the other requirements. So, I’ll be voting in affirmative. Chair Cox: Thank you, Jerry. Back to the department. Mr. Idica: Based on the foregoing evaluation and conclusion, it is hereby recommended, CLASS IV ZONING PERMIT (Z-IV-2023-1), PROJECT DEVELOPMENT USE PERMIT (PDU)2023-1 and SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2023-1), be approved with conditions as outlined in the directors’ report. Chair Cox: Thank you. May I have a motion? Ms. Apisa: I…go ahead Jerry. Mr. Ornellas: I move to approve Mr. O’Brien’s application for a Special Management Area Use Permit (SMA(U)-2023-1), Class IV Zoning Permit (Z-IV-2023-1) and Use Permit (U)-2023-1). Ms. Apisa: Second. 51 Chair Cox: Okay, it’s moved and seconded. I guess we should do a roll call. Mr. Hull: Roll call. Motion to approve, as recommended. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Ornellas? Mr. Ornellas: Aye. Mr. Hull: Commissioner Otsuka? Mr. Otsuka: Aye. Mr. Hull: Chair Cox? Chair Cox: Aye. Motion passes 6:0. And I agree with Jerry. I think it’s great that you’re attracting low carbon guests. Mr. O’Brien: Thank you. Mr. Hull: Thank you, Mr. O’Brien. Ms. Apisa: Thank you for coming back. Mr. O’Brien: Oh, thank you. Thank you very, very much. Appreciate all of you, Commissioners. Aloha to you. Mahalo. Mr. Hull: Next, we have Agenda Item L.2. CLASS IV ZONING PERMIT (Z-IV-2023-2) and USE PERMIT (U-2023-2) to allow construction of a new aircraft maintenance hangar, storage shed, and associated improvements on a parcel located along the makai side of Ahukini Road in Lihu'e, situated approximately ½-mile north of the Lihu'e Airport terminal, further identified as Tax Map Key: 3-5-001:008, and affecting a portion of a larger parcel containing 720.974 acres = ISLAND HELICOPTERS KAUA‘I, INC. [Director’s Report Received by Commission Clerk 9/26/2022]. Chair Cox: Excuse me, we have to keep going with the meeting, so please…Thank you. Mr. Hull: I don’t have anybody signed up to testify but is there anyone in person that would like to testify on this agenda item, if so, please approach the microphone. Seeing none. If attending virtually by Zoom, if any members of the public would like to testify virtually, please indicate so by raising your virtual hand. Ms. Koga: There’s no one with their digital hand raised at this time. 52 Mr. Hull: Thank you, Shelea. Hearing none, I’ll turn it over to Dale, who has the Directors report pertaining to this matter. Staff Planner Dale Cua: Good afternoon, Madam Chair and members of the Planning Commission. At this time, I’d like to summarize my directors report. Mr. Cua read the Summary, Project Data, Project Description and Use, Additional Findings, Preliminary Evaluation, and Preliminary Conclusion sections of the Director’s Report for the record (on file with the Planning Department). Chair Cox: Thank you, Dale. Do we have the applicant here? Thank you for your patience, Jonathan. Mr. Jonathan Chun: I really enjoyed my afternoon. Good afternoon, Madam Chair and members of the Commission. Jonathan Chun, here on behalf of the applicant, Island Helicopters. We’ve reviewed the directors report, we have no additions or corrections. Of course, we naturally agreed with recommendations of the department, but we’re here to answer any questions the department or the commission members might have in regards to this application. Mr. Hull: Jonathan’s statement reminded me that I have to make one correction. There was one portion of the report that referenced the project site being in Koloa, one portion of the report did state that. The rest of the report was stated correctly, Lihu`e, but I just want to make that correction. You folks have anything for Jonathan? Mr. Chun: It must’ve been after I stopped reading. Chair Cox: Any questions for either the department or for Jonathan? Unknown Male: Oh, yeah, it does. Mr. Ornellas: I have a question, and please excuse my ignorance, but why does this require board action and not a simple permit application? Chair Cox: That’s a good question. Mr. Hull: It has been long debated in the department, whether or not we should adjust that section of the code. So, we’re in the residential district and there’s (inaudible) district you’ll have a project threshold of how many dwelling units. In the residential dwelling units are only permissible, but once you hit fifty-one or more dwelling units that sheer size will warrant a public hearing before the commission. The trigger for the Class IV zoning permit, unlike a use permit which is a higher intensified use than the zoning district was meant for, and therefore the commission is weighing the compatibility of a proposal. This isn’t a use permit so much as it’s just a Class IV zoning permit. So, the use permit because it’s a project development area. Sorry, or a special treatment district. Sorry, (inaudible). Mr. Chun: It’s been a long day. Mr. Hull: So, generally, the special treatment. Throw everything I just said out. The special treatment district is an overlay that is garnered for all public facilities and government sites and that’s just that, saying, any proposal in a government site because it’s a government site, warrants higher scrutiny and public participation. So, because it’s the Lihu`e Airport, when you see things at the Lihu`e Civic Center, very small in nature, they require coming before this for a public hearing for the publics scrutinization. There is another section of the code that, for the industrial district, which this is also in, anytime the property itself is over an acre in size it triggers planning commission review. That’s the one I was referring to earlier, where we’ve always debated, when you’re proposing, say a small little gas pump on a two-acre industrial property, really 53 should it go to the planning commission, but the rules are set up that way right now, but I (inaudible) spoke on that because this is a government facility, sorry. That was kind of long-winded Commissioner, sorry. Mr. Ornellas: Thank you. Chair Cox: Any other questions? I’ll entertain a motion then. Ms. Otsuka: motion to approve Class IV Zoning Permit (Z-IV-2023-2) and Use Permit (U-2023-2), applicant Island Helicopters Kaua`i, Inc. Mr. Ako: I second. Chair Cox: Okay, it’s been moved and seconded. Any further comments? Ms. Apisa: Did we get the recommendation from the planning? Chair Cox: Oh no, we didn’t get the recommendation. Before we vote, we better hear the recommendation, even though haven’t (inaudible). (inaudible, multiple people speaking) Mr. Cua: It’s okay. It’s a long day. Moving on to the recommendation. Based on the foregoing evaluation and conclusion, it is hereby recommended, Class IV Zoning Permit and the permit correction number two, Class IV Zoning Permit (Z-IV-2023-2) Use Permit (U-2023-2) be approved, subject to the following conditions, there are a total of twelve conditions identified in the Directors report. I am available for any questions that you may have. Chair Cox: Does anybody have any questions on any of the conditions? We have a motion on the floor, and it’s been seconded but we can still ask about condition if you’d like. Ms. Otsuka: Is my paper off? Okay, under the preliminary recommendations, the permit number and use permit number is different. Mr. Cua: I made the correction. Ms. Otsuka: Oh, was I awake? Mr. Cua: Yeah (laughter) Ms. Otsuka: I humbly apologize. Chair Cox: Okay, so we have a motion on the floor, and we have a second. Are we ready to vote? Any final comments? If not, we’ll do a roll call. Mr. Hull: Roll call, Madam Chair. A motion to approve. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner DeGracia? 54 Mr. DeGracia: Aye. Mr. Hull: Commissioner Ornellas? Mr. Ornellas: Aye. Mr. Hull: Commissioner Otsuka? Mr. Otsuka: Aye. Mr. Hull: Chair Cox? Chair Cox: Aye. Mr. Hull: Motion passes, Madam Chair. 6:0. Mr. Chun: Thank you, Madam Chair and members of the Commission. Have a good afternoon. Chair Cox: We will. Mr. Hull: With that, we’ve round out the end of the agenda. ANNOUNCEMENTS Mr. Hull: Topics for Future Meetings. We do have a zoning amendment coming up on October 25th. Given advance notice from Commissioners, we do anticipate not meeting quorum that day, it is a scheduled meeting, so, (inaudible) Chair and staff will be here to receive any testimony and submissions, should the public want to participate. However, because there isn’t anticipation to be quorum, no actions can be done that meeting, so, the purpose of that meeting, really will be for public testimony. The next scheduled meeting is November 15th, and so any of the agenda items on October 25th will automatically move on to the first order of business on November 15th, as well as any other November 15th agenda items. That’s the only announcement the department has. Chair Cox: Unless you have a question, do you have a comment? Mr. Ako: I’d just like to make a comment. Chair Cox: Okay. Mr. Ako: I just wanted to recognize and say thank you to the department for the planning conference that they had. I thought you guys did a very good job putting it all together. Great speakers we had, and great fields trips we had. I know, I had got to go the Prince Kuhio field trip, and I thought that was a great experience, just to get a better insight. I guess my recommendation to Mr. Hull, is that I think you should take all of your staff, so that they get a better insight to, so that they can experience the same thing that we were able to experience. (Inaudible). Mr. Hull: Absolutely, Commissioner Ako. Thank you for that. It is one thing, that during the Hawaii Congress of Planning Officials meetings, whenever it’s hosted by a particular island, this year was our turn to host, as a first conference, Hawaii Congress of Planning Conference hosted since the shutdown with Covid, so everything’s been virtual or nonexistent. So, it was good to see everybody. We really appreciate the Commissioners that were able to come out. The planners that were able to come out. But, yeah, it’s one thing for our staff is, a lot of thanks and credit goes to our staff, because it’s a yeoman’s effort to put that 55 conference on, and among other things, they do not really get to participate in the conference, because they’re staffing it, so we really appreciate that, Commissioner Ako. Ms. Otsuka: It was extremely well organized. Chair Cox: Yes, it was, it was really well done. Ms. Apisa: Top-notch, and it all comes from the top down, Ka`aina, very good job. Mr. Ako: Especially the directors’ speech you made. Chair Cox: With that, would somebody like to make a motion? Because I’d like to use my gavel. Mr. Ako: Move to adjourn. Ms. Otsuka: Second. Chair Cox: All those in favor? Aye. (Unanimous voice vote). Any oppose? Motion passes, 6:0. Chair Cox adjourned the meeting at 2:48 p.m. Respectfully submitted by: _________________________ Lisa Oyama, Commission Support Clerk ( ) Approved as circulated _______________. ( ) Approved as amended. See minutes of __________ meeting. KAUA`I PLANNING COMMISSION REGULAR MEETING October 25, 2022 DRAFT The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Vice Chair DeGracia at 9:00 a.m. - Webcast Link: https://www.kauai.gov/Webcast-Meetings The following Commissioners were present: Mr. Gerald Ako Mr. Francis DeGracia Excused or Absent Ms. Donna Apisa Ms. Helen Cox Mr. Jerry Ornellas Ms. Lori Otsuka The following staff members were present: Planning Department – Deputy Director Jodi Higuchi Sayegusa, Staff Planner Myles Hironaka, Dale Cua, Kenny Estes, Romio Idica, Shelea Koga, and Planning Commission Secretary Shanlee Jimenez; Office of Boards and Commissions – Support Clerk Lisa Oyama. Discussion of the meeting, in effect, ensued: CALL TO ORDER Vice Chair DeGracia: Called the meeting to order at 9:00 a.m. ROLL CALL Vice Chair DeGracia: Call to order the Planning Commission meeting for Tuesday, October 25, 2022. Roll call please? Deputy Planning Director Jodi Higuchi Sayegusa: Commissioner Ako? Commissioner Ako: Here. Ms. Higuchi Sayegusa: Commissioner Apisa, not present. Commissioner DeGracia? Vice Chair DeGracia: Here. Ms. Higuchi Sayegusa: Commissioner Ornellas, not present. Commissioner Otsuka, not present, and Chair Cox, not present. No quorum today. Vice Chair DeGracia: Okay. Seeing that there is no quorum, this body unable to take action. I believe the items will be deferred to the next available Planning Commission meeting. However, we are and will be taking testimony for any of these agenda items, any of the items on the agenda today. Ms. Higuchi Sayegusa: First, I want to go through any public attendees to wish to testify on any agenda item at this point. Male from audience: Does that allow me to testify now? E.2. Jan. 10, 2023 Ms. Higuchi Sayegusa: Sure. Again, there’s no (inaudible) to take any action. Male from audience: I understand. I just want to thank the department for getting to this and processing it as expeditiously as they have. It’s pretty amazing the turn around time and that’s convenient for me, the public. And if it gets continued, that’s not a problem. Ms. Higuchi Sayegusa: Thank you very much. Anyone else in the public wishing to testify on any of the agenda items? Seeing none, I’ll turn it over to Shelea, are there any attendees joining us by Zoom with their hands raised wishing to testify at this time? Staff Planner Shelea Koga: Yes, we have one person wishing to testify. Mauna Kea, I’m going to promote you a panelist, you’ll have to click accept and enable your video and audio, and you’ll have three minutes to testify. Ms. Higuchi Sayegusa: You might have to stop the spotlight; we can see ourselves. Ms. Koga: You can testify whenever you’re ready. Mr. Mauna Kea Trask: Okay, thank you, Chair and or Commission members. I just have a quick question, I represent, Mr. and Mrs. Bandmann, this is for Agenda Item, G.2.a.1. I just want to ask, given the lack of quorum today, currently, the Bandmanns are scheduled to be on, I think the November 15th agenda, and I just want to know if that's going to remain unaffected, and they can and should appear that day for hearing. Thank you. Ms. Higuchi Sayegusa: We don’t anticipate any other issues, as far as quorum, so, all these agenda items, as you know will be continued to the very next meeting, which is November 15th. Mr. Trask: Thank you so much. Aloha. Ms. Koga: There is no one else with their virtual hand raised at this time. Ms. Higuchi Sayegusa: Thank you. With that, again, no quorum, no ability to get into the substance and matters of any of the agenda items, so I think we’re done with the meeting. Thank you so much. Vice Chair DeGracia: Thank you for attending. Meeting was adjourned at 9:04 a.m. Respectfully submitted by: _________________________ Lisa Oyama, Commission Support Clerk ( ) Approved as circulated _______________. ( ) Approved as amended. See minutes of __________ meeting. ESAKI SURVEYING AND MAPPING INC. 1610 Haleukana Street Lihue, Kauai, Hawaii 96766 Phone: (808) 246-0625 Fax: (808) 246-0229 TO: County of Kauai Planning Department WE ARE SENDING YOU: LETTER OF TRANSMITTAL DATE: December 30, 2022 PROJECT NUMBER 2021-195 ATTENTION: Mr. Ka'aina Hull RE: Kukui'ula Vistas LLC/Variance Pem1it V-2023-2 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii C8J A TT ACHED D prints 0 FORWARDED SEPARATELY _____ _ D copy of letter D specifications QUANTITY I D tracings D change order Oother __ _ !DENT. NO.DATE THESE ARE TRANSMITTED as checked D Approved D . hop drawings D original DES CRIPTION Variance Permit Withdraw) Letter D Resubmit ___ copies for C8J For approval D For your use D As requested D Approved as noted D Submit ___ copies for D Returned for corrections D For review and comment OOther __ _ REMARKS: Copy to: 8!7: 9 tt 0£ �BO zz 1d30 9N/N :I ,enP.)./ JO I ;t . OJ Signed: D Return ____ corrected prints for Dennis Esaki Applicant: Next Design (Karen Sakamoto) Authorized Agent(s): CB Planning & Consulting Kauai Farm Planning Zoning Permit Application CLASS III ZONING PERMIT NO. Z-III-2022- Prepared by: CB Planning and Consulting LLC Land Use Permit Processor 5164 Paanau Rd Apt 206 Koloa, HI 96756 Telephone: (808) 635-8949 cbplanningandconsu1ting@gmail.com Submitted to: County of Kauai Planning Department 4444 Rice Street, Kapule Building, Suite 44 79 Lihue, Kauai, Hawaii 96766 H.3.a. Jan. 10, 2023 General Information Project Name: Applicant: Agent(s): Project Address: Owner: Tax Map Key: County Zoned: State Land Use: General Plan: Flood Zone: Parcel Size: LOT IMPROVEMENTS FOR: CHARTER LIHUE POLEY ARD Charter Spectrum % Next Design (Karen Sakamoto) CB Planning and Consulting 5164 Paanau Rd Apt 206 Koloa, HI 96756 Cell: (808) 635-8949 Kauai Fann Planning P.O. Box 344 5485 Koloa Road Koloa, HI 96756 3-3590 Kuhio Highway, Lihue, HI 96766 Oceanic Time Warner Cable LLC % Time Warner Real Estate Dept (4)3-7-004:006 Neighborhood Commercial (C-N) Urban Residential Community X 24,064 Sq Ft Proposed Project Demolition of an existing building and construction of two (2) thirty-five foot (35') tall telecommunication/utility training poles with associated site improvements. Project Description The Subject property address is 3-3590 Kuhio Highway, Lihue, HI 96766 and is further identified by Tax Map Key (4) 3-7-004:006. The proposed project site is located in Kapaia adjacent to the intersection of Maalo Road and Kuhio Highway in Lihue. The site is surrounded by Commercial buildings on all three sides. The property is being accessed via slight turn off of Kuhio Highway. Proposed Action The proposed project is for the demolition of a building and the construction of two (2) thirty­ five ft (35') tall training telecommunication/utility poles with associated site improvements for educational purposes for newly hired employees. Additionally, the subject property is County Zoned Neighborhood Commercial (C-N) and the total property size is approximately 24,000 sq ft. A Class III permit will be entertained according to the County of Kauai Comprehensive Zoning Ordinance 1987 Chapter 8 Section 8-6.4 Permits Required (3)Class III Permit. A Class III Permit must be obtained for construction or development on a parcel where: (A)The parcel is larger than twenty thousand (20,000) square feet but smaller than one (1) acre, whether or not the parcel is located within a Constraint District or a Special Treatment District, and the construction or development does not require a Variance Permit; or (B)For construction or development on a parcel for which a Class I or Class II Permit would otherwise be obtainable except that the parcel is located in a Constraint District or a Special Treatment District. The proposed project's lot coverage will be 16,200 sq ft, which is approximately 67.5% of the total lot size, and is in compliance with the subject property's Neighborhood Commercial District zoning maximum lot coverage. the project site. There are no designated Critical Habitat Ecosystem areas or Threatened & Endangered Species areas in this region of the island. The proposed telecommunication/utility poles will be located in the northeast corner of the property at approximately 35', which is the maximum height permitted under the Comprehensive Zoning Ordinance for Neighborhood Commercial (C-N). Noise and dust may occur during the demolition phase, but impacts will be limited by the small area of demolition on the subject property. The project contractors will follow Best Management Practices (BMPs), to mitigate erosion and movement of dust and debris. (See attached Exhibit A: Charter Spectrum Lot Improvements For: Charter Lihue Pole Yard) Summary: 1.The proposed use is permitted and conforms to the requirements of the Comprehensive Zoning Ordinance. 2.The proposed project has no significant adverse environmental, cultural, archaeological, or ecological impacts. 3.The proposed use will not alter the character of the surrounding area in the manner substantially limiting, impairing or precluding the use of the surrounding properties for the principle uses permitted in the underlying zoning district. 4.The use at this proposed location will provide important opportunities for new jobs and for training new employees on a replica utility pole before going out into the field. October 12, 2022 Director County of Kauai -Department of Public Works 444 Rice Street, Suite 275 Lihue, HI 96766 Subject: Letter Authorizing Agent to represent on behalf of Architect of Record, Next Design LLC and Owner of Property Project Address: TMK: 3-3590 Kuhio Highway, Lihue, HI 96766 3-7-004:006 This letter is to authorize Chance Bukoski and Alex Wong to act as my agent and submit documents on my behalf in order to obtain a planning and building permits related to the above mentioned property. I certify that I am the Architect of Record for the permit application for said submittal: KAREN SAKAMOTO Name NEXT DESIGN 10/12/2022 Date 1003 Bishop Street, Suite 2000, Honolulu, HI 96813 T. 808.440.2780 I F'. 808.440.2790 I www.nextdesignllc.com Parcel Information Parcel Number (TAX MAP KEV) Location Address Project Name Tax Oasslflcatlon 370040060000 3-3590 KUHIO HWY 03-3580 KUHIO HWY03-3582 KUHIO HWY3590 KUHIO HWY03-3586 KUHIO HWYLIHUE HI 96766 COMMERCIAL Neighborhood Code Legal Information Zoning (Note: This is for tax purposes only. Not to be used for zoning.)3711-3 RP 188:1 RP 4481 LC AW 7713:2 24064 SF DES CN Non Taxable Status Land Area (acres) Land Area (approximate sq ft) Living Units ViewMaP.. Owner Information OWner Names 0.5524 24,064 1 OCEANIC TIME WARNER CABLE LLC Fee Owner Assessment Information MalUngAddress OCEANIC TIME WARNER CABLE LLC C/O TIME WARNER REAL ESTATE DEPT 7820 CRESCENT EXECUTIVE OR CHARLOTTE NC 28217 EB Show Historical Assessments Total Total Total Net Market Property Assessed Total Taxable Year Property Class . Value. . Value . . . . . . .', . Property Exemption ·-·--··"-y�1� ___ .. ,,,,,., . .,.,,,2022. . -COMMERCIAL . $1,454,600 $1,454,600 $0 . . . . -$1,454,600 How i9 catculate real QL!l� Assessment Notices 2022 (PDF) ]I 2021 (PDF) ][ 2020-3 {PDF) I[ 2019-3 {PDF} Online Assessment Notices will include one PDF per parcel for each dass. For multi-owner copies please contact roassessment@k5h.1aj.gov. Improvement Information Building Number 3 Year Built 1965 EffYearBullt 1980 Living Area 796 Commercial Improvement Information BulldlngNumber 1 Building Type Structure 133-COMM C-3Year Built 1994 Bedrooms 2 Full Bath 2 Half Bath 0 Percent Complete Effective Year Bullt 1994 Building Square Footage 0 Percent Complete 0% __ Card ___ ,,Sectlon ---· Floor# Area Perimeter )Jsaa! ____ ~_Occupancy .· WallHelght __ ExterlorWall .···•-·��!'.1:!ctlon,,_, __ ,.,,. ....1 _,,, 1 ,,, __ 01%1,564_ 105 • .,,..,RETAILSTORE 13 MASONRY W�..Q£._RAME ______ _1 1 ,.,,.., . .... ,,. ... , .. ·,,·, 1 2 Building Number 2 Building Type KAPAIA TOWN LOT Structure 133-COMM C-3Year Built 1964.. £arc:! ___ ,,_ Section Floor#_ .. --�--"--':!�"'!�---"·'· Usage ·---·--2 1 01 836 120 RETAIL STORE Sketches 8 MASONRY WOOD FRAME --------------. ---·10 Effective Year Built 1974 Bulldlng Square Footage O Pertent:Complete 0% MASONRY WOOD FRAME Occupa�---· W __ a1_1H_elg�ht ____ Ex_ter1or __ Wa_1_1 ___ Co_����---·-· .. ·• _ ..8 MASONRY WOOD FRAME \ I I l � 114 61) l-_______________ _!B�ul�ldl�ng�3:.._ ______________ __ Other Building and Yard Improvements Description ASPHALT PARKING Quantity 1 Year Built 1993 Desalptlon FRAME UTILITY SHED Quantity 1 Year Built 1940 Permit Information Print Sketch� Area 500 Percent Complete Area 1,800 Percent Complete Date .. . . . . •·.· Permit Number ..... · .· ..... . .. ·· . . Reason . •.·· . . . . . . . . . ·.. .. . .. . .. . . . ·.· . . .. . . . .. . . .. . . . Permit Amount·:��ioos� ·· ·-····�=:--·· .. ··•·.···.,.'" .. -·=':�io�N, ....... , ............. ···. -··••··.•····.·•.··•-··-····_·· ... ·�-··· ·: .. ·.1i:· 1J27i1994 . . 9410000200 . . . ... . DEMOLITION .. . .. . . . . .·· . ·.· ...•.. - .. . ... ·• $630 3/1/1990 · 31154 · Conversionto/fromDwelllng · · ·· ·· ·· · ·$17,100. 11/18/1 964 1 3 89 .·. . DWELLING . . . � . . . . $6,787 Conveyance Information ·-��Q��·--·-· Prlee Inst':'!!!!,!:!!!.!. --'�.!."��!Ye-Date �eel Document N�� _£!ct !_-��e --��Ta� . .. Document Type . . 09/30/2012 ... $1,325,200" 12·A·46731334F!:f C9NYEYANCE .,. ,, 10/17/2�}2 .. .. �···· ---· . .. .,. ....... __ .......,. _ .. •. _____ 5300.8 ___ ••. Quitclaim Dee�--.1?'1112007" �1,47apoo_,_., •. �7.��13�?<> f5E_-=o,��-E. .. .,.1211412007.• ..... - " ' ., ... "-•·--· ...................... 4434 ..... warranty Deed.__ 11/08/2007_ ..... _ .... $0 .. . 07·2U611 .• FEEC<:>NVP(ANCE_._.12/07/2007__ _.,. ..• _ .... .• ......•...•.• • ••.....•.•...•.•. .,.... .... . QultdalrnDeed _ _ 09/21/2<XJ6__ ..• $0 .• .,_ ,.06-08:4080_ •. C1THER 05/04/2006 __ ·-·-······· -····•--•-·· •• ., ......... ,.Grant�fEasement.. 04/29/2005. __ $1,250,000 05-097610 FEE CO���-· 05/17/2005·-··--··-·--·-·· . . ....... . ......... . ..... .,_ ... .,.-.. ,. ............... !��2 .......... Warranty_Deed06/1�/2004 .. • ...... JO . ·--����-��--�g�oNVEX�.c:!:__ �?!22!.?:'!:.4�--_ ,,,____ " .. .. .............. ____ _ __ ..... . ............ ___Qultcl�lmDeed _ 05/10/1996 $0 0000000000 Historical Payment Information Payments _.Yel!r ...... ----------· ···--Tax __________ .. ,... , -- -··-•"· .. --· ... , ....... "., __ and Credits ........................... .. ... Penalty,. ____ ,, _______ .__ _ Interest ...... ___ ., ___ Ottl�r __ ...... .,, .• [!)_2022 $11.854.26 ($11,854.26) $0.00 $0.00 $0.00 83 .. �021 , .. _ . ,· $11,432.25 -. ••' . ·, . . . '•. ,. .($11,432.25) . . •' . ··, ... $0.00 '• . . $0.00 . . $0.00 . ,83 }020, .. _, ,,.,,.,••••-'$11.548.44,"--•---• •-• --•-•-• _.,,. ,)$11,548.:'.'4). ••--• ,m. H •••• $0.00 • .,,.- c-�.oo_,, ••-. __ $0.00 •--(±) 2019 $11.354.04 ($11,354.04) $0.00 $0.00 $0.00 _03201s ........ _____ $10,87 3.71 .. :._ .... ·-•>••-_($10,s'zin�l ...... __ : __ $0;00. -•----·-·--·-·$0.oo u, ____ Jo.oo_· 111:11 747 7n\ $0.00 $0.00 $0,00 Map No data avallable forthefollowlng modules: CPR/Condo/Apt Unit lnformatlon,Appeal Information, Current Tax BID Information. The Kauai County Tax Assessor's Office makes every effort to produce the most accurate information possible. No warranties, exprf!sser.lor implied, are provided for the data herein, its use or interpretatior. User Privag fQ!l&Y. GDPRPr�� Version 2.3.224 Developed bv lV/ 111-"-"• t::>l J:'M :spectrnm_l � ,;j /UU'IUUC>_ttyarograpny ana J.UJAJ t'.llMA .::.HA.Jpg Spectrum TMK (4) 3-7-004:006 ""'"'"""'CHARTERSPEClRUM/Nexi;: Hydrography and 2020 FEMA Flood Hazard Area (DFIRM) map o 500 1 000 � I..,. . • 2,000 Feet r CJPatcels 2020 FEMA FloOd Hazard Areas (DFIRM) "'--'··� ---1• .. nn1Mriv<'Jfnl,l,,.,./1J .4MYTTr. F.om4Y7011Q71.Trlr-1nff1TT .Oil l I/? lUI 11/L.L., t:41 t'IVl ::,pectrum_1 Ml'.. 5 /UU'fUU()_1opograpmca1 Lontour Map.Jpg Spectrum T K (4) 3-7-004:006 Topographical contour map with Parcels, Roads, and Streams. c:J Project Site TMK 3-7-004:006CJ Paresis -Roads -streams - ---•· M-/A..;v,./f,-,l,1.,...,/lvT .()()FqWlflX?llFOR'inOP4Sa?1',�omoWT!Pt Created for CHARTER SPECTRUM/NEXT DESIGN 10/5/2022 � 11?. CHARTER KAPAIA EXISTING HOUSE ON LOT 10/13/22, 3:19 PM Mail -chance bukoski -Outlook https://outlook.live.com/mail/0/inbox/id/AQMkADAwATZiZmYAZC05NGM4LT QzMwBhLTAwAi0wMAoARgAAA3sFflYbHutluaqAPloKTx0HAAymvGerQuhCgZyZjeA6sNgAAAIBDAAAAAymvGerQuhCgZ... 1/1 j 900:1>00-L-t =>1vu rL96 lllfM'vH 'l'vnlf>I '3nH17 AlfMHf:>IH OIHn>I 069£-€ � , m:IVA 310d g� 3nHl1 "H3.U:IVH::> 00 :�o� SlN31'l3AO�dl'll 107 I... .m I... cc .c u SYMBOLS c::z::::::J tARTrl � GRAVEL/ROCK fill c:::::J SANO/MORlAR/PLASTER i:=::J CONCRCTE f·,;};-;::;-:•wj CldU t��,-;;-:;.-.j S10N£/1.'ARBLE/TERRAZZO c::::::]STEEL -->TH j;..u-<!"'"4i WOOD flNISH � WOOD FRAt.llf/G c:::'.J WOOD BLOCKING �4#j PLYWOOD c::::::::J GYPSUM BOARD c:::i-GLASS c::==J ACOUSTIC TILE OR SOARD GEillJ1lli] BATI INSIJIATION INTERIOR ELEVATION a ()e-��NT�}if:110N OGENL--ROO>I �lr1E \ .. J�_--1----ROOM NUMBER DETAIL SYMBOL �?ic=: �fil�f t��v��R ��Ll -e � WAf.L OR PARTITIO N1YPES 1.IAICH LINE WORK, CONTROL OR OATUMPOlNT ,J .. , SECTION SYMBOL { ... � .. \---SECT�N IOENTlflER 'A-s!_ .. ,____SHEIT LOCATION ,- immmm:I RIGIO INSULATlON ==miCERAMIC TILE c::z::zJ EXISliNG TO Rf:!,l.'IIN C]=fXISTING TO BE REl.tDVED REFEllENCE GRIO ®-�88� ID.��OL � WINDOW AND LOI.MR 'v4--SYMOOL /�\, � .6!:.I·- __ !\!!..t� REVISION {CLOUD REVISION) EXTERIOR ELEVATION Kfl' ELEVATION IDENilf"IER SETBr\CKUNE PROP£RTi' UN£ NEWOR FIN!SH CONTOUR EX!STIOOCOflTOlJR flNISH GRADE TOP Of WALL TOP CURB TOPOFPAVE\.lENT jFH. rt. +1000.ooj FINISH FLOOR ELEVATION DEMOLITION NOTES THE CONlRACTOR SHALL EXECUTE THE WORK IN CONFORMANCE WITH ALL APPLICABLE LOCAL, STATE ANO FEDERAL CODES AND ORDINANCES 2 THE CONTRACTOR SHALL EXAMINE THE PROJECT SITE AND VERIFY EXISTING CONDITIONS PRIOR TO COMMENCING WITH THE WORK 3 THE CONTRACTOR SHALL REVIEW AND EXAMINE THE CONTRACT DOCUMENlS. IF ANY CONFLICTS OR DISCREPANCIES ARE IDENTIFIED, THE CONTRACTOR SHALL SUBMIT A WRITTEN REQUEST FOR ClARIFICATION TD THE ARCHITECT PRIOR TO COMMENCING WITH THE WORK. THE CONTRACTOR SHALL NOT ALLOW DEBRIS ANO RUBBISH TO ACCUMUIATE ON THE JOB SITE. REMOVE, TRANSPORT AND DISPOSE OF DEBRIS AND RUBBISH DAILY IN A LAWFUL W.NNER THAT PREVENlS SPILLAGE ON STREETS OR ADJACENT PROPERTY. 5. BURNING OF AN'f DEBRIS IS NOT PERMITTED. 6 THE CONTRACTOR SHALL SERVE PROPER NOTICE AND CONSULT WITH THE OWNER/BUILDING MANAGER REGARDING ANf TE"1PORARY DISCONNECTION Of COMPUTER CABLING, ELECTRICAL, TELEPHONE, PLUMBING. GAS, SEWAGE OR OTHER UTILITY LINES. WHERE TEMPORARY DISCONNECT/ON IS REQUIRED, ALL SUCH LIN[S SHALL BE PROPERLY DISCONNECTED, TERMINATED OR RELOCATED BEFORE COl,U,1ENCING WITH THE WORK. THE CONTRACTOR SHALL PROPERLY PROrECT FROM WEAR & DAMAGE ALL EXISTING UTIUTIES, PROPER"IY AND EXISTING WORK THAT ARE SCHEDULED 'lO REMAIN." 8. THE CONTRACTOR SHALL SAW-CUl" ALL CONCRETE AND ASPHALT CONCRETE PRIOR TO REMOVAL. MRCUTTING IS NOT PERMITTED. ALL CONCREiE ANO ASPHALT CONCRETE SAW CUTTING SHALL BE WATER-APPLIED FOR DUST CONTROL. 9 THE CONTRACTOR SHALL UTILIZE LAWFUL AND PROPER METHODS fOR DUST CONTROL ASSOCIATED WITH THE WORK 10 THE CONTRACTOR SHALL COORDINAlE AND EXECUTE ALL WORK IN AN ORDERLY AND CAREFUL MANNER AND SHALL REPAIR ANY DAMAGE TO EXISTING ITEMS iO REMAIN." 11 THE CONTRACTOR IS RESPONSIBLE TO THE OWNER FOR ACTS ANO OMISSIONS or THE CONTRACTOR'S EMPLOYEES. SUBCONTRACTORS AND THEIR AGENTS AND EMPLOYEES, ANO OTHER PERSONS PERFORl.!ING PORTIONS OF WORK UNDER CONTRACT WITH THE CONTRAClOR 12 THE PROJECT LIMITS/LIMITS or WORK SHALL BE GENERALLY INDICATED ON THE PLAN AS A REFERENCE ONLY. THE CONTRACTOR IS REQUIRED TO COMPLETE ANY WORK OUTSIDE THE "PROJECT u1,ms· REFERENCE, If SUCH WORK IS MATERIAL TO, AND NECESSARY TO COMPLETE THE PROJECT, ANO SUCH WORK IS DfFlNED IN THE CON1RACT OOCUl.!ENTS. THE CONTRACTOR SHALL IMIN1AIN SAFE WORKING CONDITIONS AT ALL TIMES. THE CON1RACTOR SHALL ERECT ABBREVIATIONS .''.l I, "' ... , �ritltR OR HOUI-ID PE:RPENOICUlAR POUNO ORIAJUBER ANCHDl!BOLT A/C AlR CONDlflONING ACOUS. M:OUSTil'Al. At.T ACDIJSTle&CEILING TIU: :o/f. =:�FlOOR AGGI!. MXilll:GATE AL A!.lMIW� ANOD. ANOOIZED =OK.:��:� 80. 8Cll!IO B!TUU 6flWINOIJS BLOG 8UII.OIIIG BLK. BLOCK �KG. �ING ilOl BOTTOM BSUT 81.SfMENl RU.R BlJILT�UP RDOflNG CAB CABINET C.8. CATC/ll!ASIN CO. C£1UNG01ffl.15ER cot CEMENT ll Wl1£RllN£ CER. CEl!AUIC C.I CASTIRON CJT COIISIRIJCTIONJOiNl CLG. CEILING CUG. CAULKING C.J comROLJOINl CtO. Cl.1JS[J CUI. CW.R CU.U. CONCR[![�NR'YUNIJ CNTR COIJ/,/lffi CO CLOOIOl/f ctL COI.UldN CONC COIICRm CONN COI/HfCTION CONS1 COIISTRllCTION COO. CONTINIJOIJS CORR. CORRIOOR CPT. r.>.RPET C.l C[RAUIC TILE CTll CENTER CSK. CDUNTERSUNK C.W CDlDWAIER 0. CUBICYARO DBL DOIJBLI DIT'T OEPAfffif)lf OCT OET/JLS O.f. DRINK!,/(, rouN1AIN D11. W.UCTER OOT. 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TOP Of CURS T.O.S TOPOfSTm T.O.P lOPOfPlA1£ 1.0.W TOP Of WALL T.P. TOP Of PAVEMENT T.P.O TOILfll'APCR DISPl)ISCR Tllll.PART.TOILITl'Af?TITION fflD ""' T'/. TElE\IJS«lN T'IP. 1YPlCAL UNF. UNflNIS� u.O.N. � "'' V.C.T. � .."'',, v.P. �:i.c :'",00 :to "' W.REC. � W.WI URINAL """' '"'""1'1"'1L COll?OSIIION Til£ \IOLIJUECI\MPER V£Nlll.AllDN ·-·-,l'CRTJCAI.GRMl l'EN[ER PlASlfft Wl'fl.lllE VlNl'I.WALI.COVEF(jNG '"" WATERCLOSCT -WIREGLASS WINDOW WITHOU"I WA1£R PROOF WAlEftRESISTANT WASTE RECEPTACI.E """ WOVtNWIRE<ABRIC 13 TEMPORARY BARRICADES ANO PROVIDE TEMPORARY LIGHTING AS REQUIRED TO PREVENT THE PUBLIC FROM ENTERING INTO THE PROJECT AREA AT All TIMES. BARRICADES SHALL BE A MINIMUM Of 7'-0" IN HEIGHT. THIS WORK SHALL BE INCLUDED IN THE CONlRACT AND SHALL 8[ PROVIDED Al NO ADDITIONAL COST 10 THE OWNER. 14. THE CONlRACTOR SHALL PERFORM THE WORK WITH MINIMUM INTERFERENCE TO STREETS, DRIVEWAYS, SIDEWALKS. EXISTING SHOPPING AND PUBLIC AREAS, ETC 27 ANY OUTAGE or ELECTRICAL SERVICE TO ANY PART or BUILDING WILL BE REQUESTED, IN wRmNG, AT LEAST FNE WORKING DAYS PRIOR TO THE DATE OF DESIRED OUTAGE. WRITTEN REQUEST TO THE BUILDING MANAGEMENT Will INCLUDE THE FOLLOWING JNfORMATION: SERVICE TO BE INTERRUPTED, DATE, Tlko!E. DURATION OF THE OUTAGE ANO REASON FOR DESIRED OUTAGE. OUTAGES WILL BE GRANTED AT THE SOLE CONVENIENCE TO THE BUILDING MANAGEMENT. 15. PRIOR TO THE START Of WORK, THE CONTRACTOR SHALL CONSULT WITH THE OWNER REGARDING ANY ITEMS THAT SHOULD BE SALVAGED/RECOVERED. THE CONTRACTOR SHALL COORD!NATE THE REMOVAL AND iURNOVER" OF THESE ITEMS WliH THE OWNER. 16 THE CONTRACTOR S RESPONSIBLE TO ARREST ANY RUST OR OXIDATION AND THREAT TO ALL EXPOSED MEiAL PR!OR TO FINISHING OR COVERING 17 EXPLOSIVES ARE NOT ALLOWED 1B. ASBESTOS AND HAZARDOUS MATERIALS: IF ASBESTOS-CONTAINING OR ANY OTHER HAZARDOUS MATERIAL IS ENCOUNTERED OR SUSPECTED, THE CONTRACTOR SHALL IMMEDIATELY INFORM THE OWNER AND TAKE PROPER PRECAUTIONS. HAZARDOUS MA.TERIAL ABATEMENT MEASURES SHALL BE THE RESPONSIBILITY OF THE OWNER ANO NOT PART OF THS CONTRACT, UNLESS SPEClflCALLY STATED. 19. BRANCH CIRCUIT LIGHTING & POWER SHALL BE COMPLETELY DEMOLISHED ANO DISPOSED OF. 20. SEE ARCHITECTURAL DRAWINGS FOR EXISTING CONDITIONS PLAN. 21. CONTRACTOR WILL VERIFY EXISTING CONDITIONS PRIOR TO THE START OF WORK ANO PROVIDE ALL lABOR ANO MATERIALS REQUIRED TO COMPLETE THE INTENT OF THE PROJECT. REMOVE ALL LIGHTING AND ELECTRICAL EQUIPl.1ENT IN THE PROJECT AREA NOT REQUIRED FOR NEW WORK. DISPOSE OF REMOVED IMTERtALS AS DIRECTED BY HE OWNER'S REPRESENTATNE 22. BEFORE ANY WIRING IS CUT, CONTRACTOR WILL VERIFY USAGE OF WIRING TO BE CUT TO ASSUME THAT REQUIRED SERVICES ARE NOT DISCONTINUED. ANY REOU!RED SERVICE OlSCONNECTED B'I' THE CONTRACTOR Will BE RESTORED BY THE CONTRACTOR AT NO ADDITIONAL COST 10 THE TENANT OR THE BUILDING MANAGEMENT 23 REMOVE ALL EXISTING WIRING NOl REMAINING IN SERVICE 24 ABANDON CONCEALED RACEWAYS NO LONGER REQUIRED, REMOVE ALL CONDITIONS IN RACEWAYS BEING ABANDONED. 25 PHASE ALL WORK TO ASSURE CONTINUITY OF ALL ELECTRICAL SERVICES, INCLUDING MECHANICAL CONTROL SYSTEMS, TO PARTS OF REMAINING FACILITIES IN SERVICE 26 REMOVE All DEVICES AND EQUIPMENT INDICATED TO BE REMOVED OR NO LONGER REQUIRED. PLUG ALL HOLES IN ENCLOSURES, BOXES AND CABINETS TO REMAIN. 28 ALL FIRE SPRINKLERS, SMOKE DETECTORS AND flRE ALARMS SHALL REW.IN. 29 CONTRACTOR SHALL MAINTAIN ADEQUATE FIRE EXTINGUISHERS AS REQUIRED BY OSHA 30 CONTRACTOR SHALL NOTE THAT SOME MATERIALS SCHEDULED FOR REMOVAL MAY CONTAlN LESS THAN 1% ASBESTOS, ANO SHALL NOT BE CONSIDERED AS ASBESTOS-CONTAINING MATERIAL 31 STRUCTURES UNDERGOING CONSTRUCTION, ALTERATION, OR DEMOLITION OPERATIONS, INCLUDING THOSE IN UNDERGROUND LOCATIONS. SHALL COMPLY WITH NFPA 241, STANDARD FOR SAFEGUARDING CONSTRUCTION, ALTERATION AND DEMOLITION OPERATIONS, ANO THIS CHAPTER. 2012 NFPA 1 GENERAL NOTES 1. LAWS AND ORDINANCES: AS USED HEREIN SHALL MEAN ALL COUNTY. STATE ANO NATIONAL CODES, ORDINANCES, STANDARDS, RULES ANO REGULATIONS Of ANY NATURE WHICH ARE PERTINENT TO, OR REGULATORY OVER, THE WORK COVERED BY THE CONTRACT OOCUIAENlS Of THIS PROJECT. ALL CONTRACTORS SHALL COMPLY FULLY WITH All APPLICABLE LAWS ANO ORDINANCES ALL CONSTRUCTION SHALL CONFORM TO THE CURRENT EDITION OF THE INTERNATIONAL BUILDING CODE AND THE LATEST CITY AND COUNTY Of HONOLULU/STATE OF HAWAH AMENDMENTS, OR THE RESPECTrvE AMENDMENTS BY EACH COUNTY HAVING JURISDICTION or THE PROJECT-All DEMOLITION AND CONSTRUCTION WORK SHALL COMPLY wnH NFPA 241, STANDARD FOR SAFEGUARDING CONSTRUCTION, ALTERATION, ANO DEMOLITION OPERATIONS. AND THIS CHAPTER, NFPA 1 2012 2. CONFLICT: IN THE CASE OF ANY CONFLICT WHEREIN THE METHODS, OR STANDARDS OF INSTAllATION, OR THE SPECIFIED MATERIALS ARE NOT EQUAL TO, OR EXCEED THE REQUIREMENTS Of THE LAWS OR ORDINANCES, THE LAWS OR ORDINANCES SHALL GMRN. IN THE CASE OF A DISCREPANCY IN THE DRAWINGS OR SPECIFICATIONS, BUT NOT DIRECTLY RElATEO 10 THE PROVISIONS or CODES, OR ORDINANCES, THE CONTRACTOR SHALL 1) PROVIDE THE BETTER QUALITY, OR GREATER QUANTITY Of WORK, OR 2) COMPLY WITH THE MORE STRINGENT REQUIREMENT IN ACCORDANCE WITH THE OWNER'S/ARCHITECT'S INTERPRETATION. THE CONlRACTOR SHALL NOTIFY THE OWNER ANO ARCHITECT OF AU CONFLICTS 3. CONDITIONS OF THE WORK: THE INFORMATION INDICATED ON THE DRAWINGS ARE BASED ON LIM!lED FIELD INVESTIGATIONS ANO ON THE AVAlLABLE RESOURCES AT THE TIME OF DOCUMENT PREPARATION. AS A RESULT, THE ACCURACY ANO COMPLETENESS OF THE INFORI.IAllON IS NOT GUARANTEED. THE CONTRACTOR SHALL, THEREFORE, VERIFY THE DIMENSIONS SHOWN ON THE DRAWINGS WITH ACTUAL FIELD MEASUREMENTS, EXAMINE THE JOB SITE. VERIFY ALL flELO CONDITIONS AND PROVIDE THE lABOR ANO MATERIALS REQUIRED TO COMPLETE THE INTENDED WORK. ALL WORK S1-'ALL BE PERFORMED IN A PROFESSIONAL MANNER THAT IS OF ACCEPTABlE WORKMANSHIP OF THE RESPECTIVE TRADES. THE CONTRACTOR SHALL NOTIFY THE OWNER. OR ARCHITECT, PRIOR TO THE COMMENCEMENT Of WORK. IF THERE ARE ANY Olt.lENSIONAL DISCREPANCIES. OR IF THERE ARE ANY CONDITIONS THAT EXIST WHICH MAY PREVENT THE CONTRACTOR'S PERFORMANCE OF WORK, AND/OR OF ANY AND All ADDITIONAL WORK THAT MAY BE REQUIRED AS A RESULT OF THE OBSERVED CONDITIONS. 4. OMISSIONS: OMISSIONS OF THE DRAWINGS, OR SPECIFICATIONS, OR THE OMISSIONS or DETAILS or WORK WHICH ARE MANIFESTLY NECESSARY TO CARRY OUT THE INTENT Of THE DRAWINGS ANO SPEClflCATIONS. OR WHICH ARE CUSTOMARILY PERFORMED, SHALL NOT RELIEVE THE CONTRACTOR FROM PERFORMING SUCH OMITTED, OR INCORRECTLY DESCRIBED DETAILS OF THE WORK, BUT SHALL BE PERFORMED AS IF FULLY ANO CORRECTLY SET FORTH ANO DESCRIBED IN THE DRAWINGS ANO SPECIFICATIONS. THE CONTRACTOR SHALL NOTIFY THE ARCHITECT, OR OWNER. VERBALLY OF SUCH OMISSIONS ANO PROVIDE A WRITTEN STATEMENT OF THE OMISSIONS WITHIN (5) WORKING DAYS OF VERBAL NOTIFICATION 5. INTEN1 Of THE DRAWINGS: THE DRAWINGS ARE INTENDED TO DEFINE AND ESTABLISH THE PHYSICAL REQUIREMENTS OF THE PROJECT, I.E., THE DESIGN, LOCATION ANO DIMENSIONS Of THE WORK, BASED ON RECOGNIZED STANDARDS, EVEN If NOT ACTUALLY SHOWN, BUT REASONABLY INFERRED. ALL WORK SHOWN IS "NEW" UNLESS OTHERWISE NOTED AS "EXISTING." THE CONTRACTOR SHALL REVIEW ANO VERIFY THE INFORMATION ON ALL DRAWINGS BEFORE PERFORMING THE WORK AND NOTIFY THE OWNER. OR ARCHITECT. OF ANY DISCREPANCIES. THE CONTRACTOR SHALL COORDINATE THE WORK or ALL SUBCONTRACTORS/TRADES TO ACHIEVE THE DESIGN INTENT ANO SPECIFIED REQUIREMENTS ANO IS RESPONSIBLE TO COMPLETE ANY ANO ALL WORK ASSOCIATED WITH SUCH COORDINATION 6. COMPLETION OF THE WORK: THE CONTRACTOR SHALL IN THE WORK OF ALL TRADES. PERFORM ANY AND ALL CUTTING, PATCHING, REPAIRING, RESTORING AND THE LIKE NECESSARY TO COMPLETE THE WORK ANO RESTORE ANY DAIAAGEO OR AFFECTED SURFACES RESULTING FROM THE WORK or T!-1!S CONTRACT TO THEIR ORIGINAL CONDITION TO THE SATISFACTION OF THE ARCHnEcT AND THE OWNER, OR HIS AGENT THE CONTRACTOR IS SOLELY RESPONSIBLE fOR ALL MEANS, METHODS, TECHNIQUES, SEQUENCES AND PROCEDURES OF CONSTRUCTION, INCLUDING, BUT NOT LIMITED TO SAFElY PRECAUTION 7. PERMITS AND FEES: THE CONTRACTOR IS RESPONSIBLE TO OBTAIN AND PAY FOR ALL PERM!TS, INSPECTIONS ANO LICENSES FOR lHE WORK AND 08l"AIN ALL GOVERNMENTAL AGENCY CERTIFICATES AND FILE A NOTICE OF COMPLETION B. GUARANTEE. THE CONTRACTOR SHALL GUARANTEE THE INSTALLATION. MATERIALS AND WORKMANSHIP OF ALL WORK FOR (1) ONE YEAR FROM THE DATE OF SUBSIANTIAl COMPLETION. HOWEVER, PRODUCT AND SYSTEM WARRANTIES SHALL BE EFFECTIVE FROM THE "DATE OF ACCEPTANCE" BY THE OWNER/ARCHITECT AND FOR THE PERIOD ESTABLISHED BY THE MANUFACTURER/!NSTALlER, OR AS SPECIFICALLY DEFINED IN THE OWNER/CON1RACTOR AGREEMENT. 9. CLEAN UP: THE CONTRACTOR SHALL CLEAN ANO REMOVE ANY TRASH, DIRT, DEBRIS AND SPILLAGE ARISING FROM THE WORK DAILY TO THE SATISFACTION OF THE OWNER AND THE ARCHITECT, INCLUDING: CLEANING OF DIRT. PUTTY, PAINl, DUST, ETC. FROM AREAS COUNTER TOPS, DOOR ANO WINDOW FACES ANO FRAMES. 10. RECORD DRAWINGS: THE CONTRACTOR SHALL PROVIDE THE OWNER AND LANDLORD WITH A SET OF REPRODUCIBLE "AS-BUILT" DRAWINGS OF THE WORK. (NOT REQUIRED FOR PROJECT SOLELY INVOLVING DEMOLITION) 11. DIMENSIONS: UNLESS OTHERWISE NOTED IN THE CONSIRUCTION DOCUMENTS, ALL DIMENSIONS ARE TAKEN TO THE FACE or FINISH 12. TH!S PROJECT CONFORMS TO THE AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES TO THE BEST OF OlJR KNOWLEDGE. 13. PENETRATIONS: PENETRATIONS SHALL BE FIRE-STOPPED AND OPENINGS SHALL BE PROTECTED THROUGH FIRE-RATED WALLS, FLOOR, ROOF AND CE!llNG ASSEMBLIES AS REQUIRED B'I' THE 2006 IBC CHAPTER 7 ENERGY CONFORMANCE coumY or KAUA'1 CHAPTER 12, KAUA'I COUITTY BUILDING CODE KAUA'! COUNTY COO£ 1987, AS AMENDED ARTICLE 6-ENERGY CONSERVATION CODE TO lHE BEST OF MY KNOWLEDGE, THIS PROJECT'S DESIGN SUBSTNfflAllY CONFORMS TO: SECTION 12-6.3 ADOPTION OF THE INTE�TIONAL ENERGY CONSERVATION CODE (IECC) SECTION 12-6.4 LOCAL AMENOMEtiJS TO THE IECC FOR THE BUILD!NG ENV£LOPE COMPDNENTS (SECTION C402). COMPLIANCE METHOO ■ 2015 IECC AS AMENOfD. tm-lOATORY & PRESCR!PTIVE 0 2015 IECC AS AMENDED. MANDATORY & TOTAL BUILDING PERFORMANCE 0 ASliRAE STANDARD 90.1-2013. MANDATORY&: PRESCRIPTIVE 0 ASHAAE STANDARD 90.1-2013. MANDATORY@ ENERGY COST BUDGET INFORMATION !N CONSTRUCTION DOCUMENTS -ROOF INSULATION R-VAL.UE -ROOF INSULATION TYPE ANO LOCATION -ROOF MEMBRANE set.AR REFLECTANCE ANO Tl1ERMAL Ef.llTTANCE -WAl..l INSULATION R-VALUE -WALL INSULATION m'E ANO LOCATION -WINDOW SHGC -WINDOW U-FACTOR -SKYLIGHT SHGC -SKYLIGHT U-FACTOR = SIGNATIJRE: DAT£: �� 3m:19_� NAME: KAREN M-SAKAMOTO TITlE: -- D D D D D D D D D LICENSE NO.: _1�20J�9�------ PROJECT TEAM CUEtre CHARTER COMMUNICATIONS 200 AKAMAINUI STREET MILILANI, HAWAII 96789 ARCHITECT: NEXT DESIGN LLC 1003 BISHOP STREET, SUITE 2001 HONOLULU, HAWAII 96813 CIVIL ENGINEER: DEMPSEY PACIFIC INC, 4354 PAHOA AVE #10384 HONOLULU, HAWAII 96816 ■ ■ ■ ■ ■ ■ ■ ■ ■ NE�T DESIGN 1008BlahopStrelt,Sult92000 li0nltil. Hawd 98813 Telepnonel:(808l440-2780 --w � ::> u. :c �:::::i \ii rx: �wlw fi!�..J o..<( 0 � Q. f- :c So DF, KMS AS NOTED 03/14/2022 19034,10 ==• 8YMl!OU! ABBJIEVIATIONS GEMERAL NOTE8 DEMOLITlO!i NOTEII FIRE CODE N01cS ENERGY CONFORIAAMCE OCS2 iiI PROJECT LOCATION NORTH APPLICABLE CO DES 2012 NfERNAlJOtW. BUil.ONG COOE AS NilEHDED 2017 NATiotW. ELECTRICAL CODE COUNIY OF KAtW COMPREHENSIVE ZONING Of!Dtwa AS ANEffDED PROJECT INFORMATION .....,,., AREA OF WORI(: 3-3590 KUHIO HIGHWAY llfUE,Kt.WAll,g6766 LOT IIPROVENENf: 9,&e Sf TOTAL 11-P_L_O_T_M_AP ____ ,u,,,.-----�--PflO,ECT--=-:noN _ _._ _________ "'_"--------+-z-�-,-N -,NG--,N-FOR--�--:-_:_0_ 0 _N-----------il n-~ I� � �--g .. ,. .. , ...., +.,..Q �. 11">, ,I/ STAlE Pl.AN USE: URBAN DlSlRlCT TSUN,t,MI INUHOATKlN ZONE: NOT IN TSUNAMI INUNDATION ZONE SMA: NOT IN SMA EASEMENTS: NONE SLIIE ZONE: NON£ LOT RESTRICTIONS: -NONE HISTORIC SITE REGISTER: NOT LISTED IN HISTORIC REGISTRY ZONING: CN -NEIGHBORHIXID COMMERCIAL flOOO ZONES: ZONE X CURR£NT USES: COMMERQAL RETAIL, OWEUJNG, UTIUJY HD, AND PARKING LOT PROPOSED USE: ACCESSORY OFf'IC£ FOR PlBJC UTIUJY COMMEftCIAL Pl.a.IC UTUTY fAaUTY EXISIING l1TIUTY SHEO TO REMNH (EXISJING) -� tii� -• di � ------ :it -• , . ,, ,. •• J. - -��:. . .• �z_ -� I 50' 1()0' 150' SCALE: 1•=50•-o• SHEET INDEX SHEET I DESCRIPTION OCS1 !COVERSHEET GENERAL SYMBOLS. ABBREVIATIONS, GENERAL NOTES, ENERGY CONFORMANCE, DEMOLITION OCS2 INOTt:S, PROJECT TEAM PROJECT LOCATION, APf'LICABLE CODES, ZONING INFORMATION, PROJECT OCS3 !INFORMATION, PLOT MAP, SHEET INDO[ ARCHITECTURAL AOl SITE DEMOLITION PLAN All Sill: PLAN, PARKING CALCULATIONS, LOT COVERAGE A61 DOOR SCHEDULE, HARDWARE SCHEDULE, OOORTVPES COi NOTES CO2 NOTES, LEGEND AND ABBREVIATIONS C1l EROSION CONTROL PLAN C12 SITE ANO GRADING PLAN C21 DETAILS I NE�T DESIGN 'Im llllhap ...,_ a.. aooo ------ Sp°ectrum. o::W "') �:::::, oo::cc�� 1--0:::::c-"' �..lc(S2�� iijO:::: > ��g>Ww- .,.:. �I- 5<c/, a.0::::..1�:::, .. ;!!c(o�;g 1-::cll.l!Jui f­ go cl,� ..J L1 5 E "I� !,!;,,-1� �� g <\;] DF,KMS Ml NOTED 00/14/2022 18034.10 ----APPUCMILECODEB PROJECT IIIFCIRIMllON ZONNl_,TXIN 81EETlllE< PLOTMAP OCS3 I'I i ,t------------------1 i I I'I I i ! i ! •I I i I i '1-------------------1 i i l I' 11 ' I JI ' l' I RD.tlMEXISfRESIDENC£,STAIRSANDOKSlAB.CUT Nl>CN>M.LUTI.ITIES,AS#m4co«JlllSINPlACE, SEE CML· 159.66' ,--"'7')1 _____ , \ ���_'"_:�:�--ti _______ _ --,-@-----��---(S11>.ICME 3) I :1 :1 \ EXISTING RESEENCE TO ?,::I \ j:; """""" :£:1 , \ � 1� \ � �J�J� =', \ i!..,..,v.,-.,��------'l.--o I \ t:------L-l \ \ \ DISTINGa.tUWAU. 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I TO REl,WNJb / ... ,.✓✓/ EXISrSEPTICTANKMD ' U l)TOREM.l.tl :.-I ✓//// """"PITTO"""'--· 0 : ...... :. � .,,.,,.,, r.. Lµ,:.u,u.,;.._, EXISTING FENCE TO �-�-��s/:____0 0 r .•· .: .. · '."'::,, �=="' , : X :·;Mm � ------�<il.�<LL.!..<.u�"""!-J · L.;_, ·• · •, . · : " · I I J--- .._ �-- -=��=::--·""=�e==�--,-,-�-,---1-_:;�t,�4�=.-• 36.55' 1M, NP �\ � SITE PLAN ---�---0 6' 12' 18' 24' 30' lil ----SCALE, 3/32"=1'-0" NE�T DESIGN 'IIOIBllhopllNlt..._lOOO ------ Sp°ectrum. a:W Ir::::, O <� �:!: 0:: ��8 z...l o(!.2�.,: �O::>-��� �Wwr.t:J; � I- ...I s;1:::, i.:: a.0::oo�::; �o(o.mw f-- ti :c � � -'O :::; � g DF,KMB AS NOTED 08ll4/2022 -10 -- .... DEll0UIION PUN A01 PARKING REQUIREMENTS STRUCTURE 1: (CHmGE IN USE) USE AREA omc£: soo SF COMMUNICATION EOPT: 4084 SF STRUCTURE 2: (CHANG[ IN USE) USE AREA OfflCE 836 SF llAil<l 200SF /PARKING (NO LESS THAN 2) NO OCCUPANTS llAil<l 200 SF /SPACE (NO LESS THAN 4) EXIST WAREHOI..ISE: (US£ NOT CONFlRMEO TO REQUIRE PARKING) � � 4.18 USE AREA RATIO RfOIIIREP PARKING UTILITY SHffi 1800 SF NO OCCUPANTS 0 POt£ YARD: (USE NOT CONFIRl.lED TO REQUIRE PARKING) \JSf AREA RATIO UTILITY YARD 600 SF NO OCCUPANTS TOTAL REQUIRED: TOTAL PROVlDEO: LOT COVERAGE TOTAL LOT: EXISIJNG IOI CXMJWJ· -EXIST STRUCTURE 1: -EXIST STRUCTURE 2: -EXIST WAREHOUSE: -EXIST N:, PAVEMENT: - FKIST $JRYCTUBE }-TOTAL EXIST LOT COVERAGE: PB0fOSEDIITTC9YfBNI:• -EXIST STRUCTURE 1: -EXlST STRUCTURE Z: -EXIST WAREHOUSE: -PROPOSED POL[ YARO: -PROPOSEP AC PA\/£MENT· TOTAL PROPOSED LOT CMRAGE: 24,064 Sf 4684 SF 636 Sf 1800 SF 6367SF -"lLS£ 14,567 4684Sf 836 SF 1600 SF 600 SF lliLl£ 17,077SF 7.18 " PROPOSED PERCENTAGE OF COVERAGE: 70.9:t (COMPl..!ANT) MAX ALLOWABLE COVERAGE: 80,C � {- -, __ 102'-!0" ,-" , , ' ' ' el '"·"· ---------=tnl � 1..-----�=------�•· . ' I = 'l \ r~�- . : : ' . . , , -• . � "'=--,,--==-"""."I •\. -\\ _·. S ,:-C _Jfi ii.\\:\,\. :/,i= • :/;� .Ii ,·. i . #,,, 'f"". «' (;).,Cl \ _ ------��-a,i:;:...-----_,;W{iQ!Z;.;il STAI/DARO) ' p · . .-- • ' ,j -"·@ ·-,_,- _,, l \ ' \ \\'), \ !·· "'-\' \ \ \\ \ >-' \' __ , , __ ./ ' ', -·· ' I I'\ \\�EP�Pll \ � 1-\�PTICTANK \ i \-\\\ " I ' t" w I ·{ 9'-0' ,''_--0'. 5 n I :8 " \' / . ' '" . ' _- ' \/ ·'"-·-· ,i ,._ \ I \0 12 13 �:�A-:u�:;CTANGENT OF _ \ S,�_r:/// \ / \ //f." _,,..-1; 1 WAll-J:�/:;:; SIGNS,lCML--1,,·,,·_ /_'.'.'i'..,,,,,_/,1/ // /-f_i-_/ ,,,.,,. _,,.·"// . ,-,;,/ ,-' i!:>_¥-i- i-1/ 0 ,<E_ '--' 1 {STRUCTURE 1) dl!ACE: 600 Sf GROUNQ FLOOR unu� EQf>T: 2454 Sf {NO OCCUPANTS) SECOND FLOOR IJTlui?i .. • EQPT: 1630 SF (NO OCCUPANTS) �TAl.=4684 SF '), � ,,, �! ����� 1 1RUN ,C PA'IEMENT TANGO!! OT �--�--�:. -.-,j_ EXISTING STUCTURE 2 CONC PAO �· n f-• OFFICE 836 SF w ' (, ri al! �.,,,,, v-�-,// �<i�<�: __ �. '-L.?..U.::'L..t...,!�"'-"--- NOTE: All ARfAS or lOT �T lS NOT COVERED BY STRUCTURE OR PARKING L01 SI-IAll. BE LANDSCAP£0 WITH GRASS TO MATCH EXISTlfK> -·-----vr:/(///,,,, :_· -�-._ - 6'-0" llf-0" 36,55' �START AC PAVEMENT TANGENT OF EXISTING STRUCTIJRE 2 CONC lANOING O:ISTt.Wl.BOX£S I �\ 0��/AFO SITE PLAN 0 6' 12' 18' 24' 30' ... --SCALE: 3/32"�1'-0' NE�T DESIGN 'll008lslq)Stfeet,8ulte2000 � Hawal 88813 TINIPftl)l'll;(eoat440--2780 er: w o:::, C � :!: 0:: 'z..J<( �0::>-or_� ww W I :;;'d, 1) .... ..J�::,;i 8:o::og�-��<Ca.�� f--:::c d, :,: So :::; DF, KMS AS NOTED 03/14/2022 19034.10 -sm;Pl,IN ·PARKING CALCUI.ATIONS -LOT COVERAGE A11 DOOR SCHEDULE HARDWARE SCHEDULE DOOR SCHEDULE � DOOR FRAME DETAILS 1 ctPl-£R LOCK KAB\ KEYPAO ENl'RY lilECIMNICAI.. LOCK fll1021S-260-41 SIMPLEX 9 w PRCMDE WITH INlER<JWfGEMl.E CORE-ASSA ABLOY lA KE'IWAY d � al al • ..,,... < I I � I• (OIHR TO KEY) z S • 1· �ii! �Ji:' i!II t-��---i iii: i!i iffi m w!i O� �a 1 waDA9.E LOCK 90X K£EDEX K-BX SERIES I§ 8 SIZE 2 i §1!1 II!! z:i! I f� z �ii 5! � i � !!,i:; t;i::: ti 1 WELllABlE SJRIKE BOX KEEDfX K-BXES6 OT 8 a _.,,.., F � ;I •!! •• TH�< m'E !I "!! • � ' , F •� �, '°"' 3 HEAVY DUIY SW' CLOSING OWNUNK Hm: Cl-7221--GY NA1101fMOE 01A POLEYARO 3'-Cl"X6'.()" Cl A -MET -• I • -SEECIVIL SEECIVL • SEECML • 1 018 POLEYARD 20'-0"Xfl'.o" CL B -MET -• SEECIVIL SEECIVL • SEECML • 2 � LEGEND: 1 ctWN LINK SC: SOUOCORE HM; HOLLOW METAL MET: METAL � �Of'� (AS N� ot.: G1..A88 I N.R.: NOTREOUIRED ALUM: ALUMINUM 2 Wl£EL SETS BY MFR N E�T : :=.esssTEEL EYJ= ::,:� e: ::°NTERIORElEVATIONS DESIGN ! :... 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CII N!W UflLITY POLES, ,_ BEEOETAL@ CONTR.ACTORTOLOCA.TI!!!---------1r--"""tc± EXIST, eeFTIC TN« IJHJ -·· ··-1.0CA,�PENCE FOSTS ours1ce o,o TN«. Ala!A TO PReVerr DAMAGI! TO TAI'«. l!XIST. SEPTIC TAN< I.NEl2GRO..fO TO Q!MAJN, 0.11' NC> C/1,P extSTIIIG SEWER LN:f'lcOMOSAOL.151-EDaaDIIIG � Plc()PeRTYLIJ\I!! 8 -�a��� fl;� � EXIST. 5B'ITIC TAN:: LeACM Plet.D o.w.eERS l.N:lEQGQOLN) TO IBAAIN .,�� / �-�gl',;ll 6,-;41,'# � ... ; (:}' .,_ '!.I; , #, ! , ;; � r" _, � �o' � � EXIST, EIJlDINS TO �IN LIMITS OF GQ.ADNa ,Dl6TLOEeD ..... f! o} �! li ! ,� ..... ;' _J "k��-::-·-;.a.._j,,.., .. -iv; --__ _:_ "---.: """ • • ' ' • . --�---�- --s;y . •,"-"C::"'�-:��J:;Jj:. . \�,/ ' . i"8 i,,;' ( ' ====:,:_ . - r·or 0·1• z-·1• fl\ SITE E GRADING PLAN ,, ,/ � SCAIE r • 10' �, �,/ ,.-�~1 �i::t Jaji � 13� LIMIT6C7"GQ.6DIJG .DlSlUOBEI) ..... �""""""""'IOO'Sf,C('Nf(ll,,RMAJCR ---------a,.--·--- --- -IOO'Sf,C0Nf0.RUNC:rl _CONTOU!...., _CONTOU!...,. 22 ..... 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WEEKS ANO OTHER 0RGAMC MATERW.S ffi UTILITY POLE DETAIL � NOT TO SCALE ----\ \ \ / � IG GRADE ';>i ..,.: !!i ffi SANDBOX DETAIL � NOT TO SCALE !::,!QTES: l .AU.PFeMGPOSTSIZl!SMe�OWETEl2 ..,. 2.CMAt\lLll«PMRIC,Pl'E$,FITTIG,f'AS1'EN!RS, TIUiSllOO.POS'IS.l-()8QNISMGTINIONWIAe SMAU.EI-DlilPQALVANZl!D. 3. CMAt\l LI« F.AS!IC &IALL E OCMNJa.8 AJo0 1".AS'l!N!l> TO ec. M&M!'DA� GAll!: AJoO OOIN!liPOSTSB'l'Tl!l'610NBAll8WITMT8'SON BAN>S EIIBI.Y SPACB> AT 15" 0C. IMll,)CJ. .._ Wll2EF�SMAU.ENll2QIII.GE GALV.wzeDTl!:WGe. !I. 0-IANLN:.FASRICSMAU.IEl"ASniN!DTOLN!! P06TSWl1MWRl!!FASTeNtGSevl!N..Y6PACISI ATIZ'O.C.IMAXJ. 6, CMANLN:PAERIC$W.LEFASl'IS'EDTO 1-0121ZQN1'ALRAUWl'IMWA!'�e"m'l.Y 6PACB>AT12"0.C.MAXl. 7. ALL Wl!ef'AS'l!MG &D6 81-lALLIE WiAPPeO AR0UO CMAN u« A MNM.M (P 1W0 c.ot.AJ:ll:1UINS.MX!KtOOFWlll:l!Nl6SMAU. """"""""""" 8. �I.NC FM!RIC 11-W.L l!lef'AS'l8e) TO TRL6S 1200.VO'l8'&0\IWIIEWl'IMNl.98AI.GEI-OG lll'C8ATl2'0.0. 9. 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""""""'P061S � � ffi 6' I-IIGI-I CHA IN LINK FENCE DETAIL � NOT TO SCALE NE�ff DESIGN 1003BllbopSIIHl,SUlle:ZOOO Honolulu,Hntall-1l �(808)440-2780 FH=(8118J- 25 ::, "' "' ··W r, !e ILI 0 �-0.J ;;:c;'! z..J<('r -o:g !:!io::: >-Q�,.:. ww :C4:o', i51-�S2�� lfo:::o��� ;;!<(a..�� f--I M I g (.) ::; �, g,-1 VF,RF SCAl.t: Aslndk:ahld 04/12/2022 J21.212 DETAILS I C21 DEPARTMENT OF PLANNING KA'AINA HULL, DIRECTOR JODI A. HIGUCHI SAVEGUSA, DEPUTY DIRECTOR I.SUMMARY Action Required by Planning Commission: Permit Application Nos. Name of Applicant(s) II.PERMIT INFORMATION D Use Permit DIRECTOR'S REPORT DEREK S.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR Consideration of a Class Ill Zoning Permit to allow the demolition of an existing residence and the construction of two (2) thirty­ five foot (35') tall telecommunication/utility training poles with associated site improvements. Class Ill Zoning Permit Z-111-2023-1 CHARTER SPECTRUM C/O NEXT DESIGN (KAREN SAKAMOTO) D Project Development Use Permit D Variance Permit D Special Permit � Zoning Permit Class Div � Ill D Special Management Area Permit Duse 0Minor D Zoning Amendment D General Plan Amendment D State Land Use District Amendment Pursuant to Section 8-6.4(a)(3)(A) of the Kaua'i County Code, 1987, as amended, a Class Ill Zoning Permit is required since the parcel is larger than 20,000 square feet but less than one (1) acre in size. AMENDMENTS Date of Receipt of Completed Application: October 25, 2022 V:\2023 Master Files\Regulatory\2oning Permits\Class 111\2-111-2023-1\Reports\Report-1 0l.10.2023_KE_Z-lll-2023-1_Charter Spectrum CO Next Design (Karen Sakamoto}.docx H.3.a.1. Jan. 10 , 2023 Date of Director's Report: December 29, 2022 Date of Public Hearing: January 10, 2023 (Application being received through Consent Calendar) Deadline Date for PC to Take Action {60TH Day): Ill. PROJECT DATA Parcel Location: The project site is located along the eastern side of Kuhi6 Highway in Kapaia Town, approximately 125 feet south of its intersection with Ma'alo Road further identified as 3-3590 Kuhi6 Highway. Tax Map Key(s): (4) 3-7-004:006 Area: 24,064 sq. ft. ZONING & DEVELOPMENT STANDARDS Zoning: Neighborhood Commercial (CN} State Land Use District: Urban General Plan Designation: Residential Community Height Limit: Thirty-five (35} feet Max. Land Coverage: Neighborhood Commercial District = 80% Front Setback: 15' -0" minimum Rear Setback: 10' -0" minimum Side Setback: 5' or½ the wall plate height whichever is greater Community Plan Area: Lihu'e Community Plan Community Plan Land Use Designation: N/A Deviations or Variances Requested: N/ A IV.LEGAL REQUIREMENTS Section 8-3.l{e), KCC: This report is being transmitted to the Applicant and Planning Commission in order to satisfy the requirements of Section 8-3.l(e), relating to the provision of the Planning Director's report and recommendation on the subject proposal within forty-five (45} days of the filing of a completed application. The application was received on October 25, 2022 and the Applicant, through its Z-111-2023-1; Director's Report Charter Spectrum c/o Next Design (Karen Sakamoto) January 10, 2023 21Pa ge authorized agent, was notified accordingly of the Planning Department's intent to commence permit processing. V.PROJECT DESCRIPTION AND USE The Applicant is proposing to demolish an existing residence and to construct in its place two (2) thirty-five foot (35'} tall telecommunication/utility training poles that will be surrounded by a 30' x 20' x 24" (L x W x H} new sandbox area. As represented, the training poles will be used for educational purposes for newly hired employees to simulate working on live utility poles before going out in the field. The proposed development is situated on the rear portion of the subject property toward the northeast corner and is adjacent to an existing warehouse that is situated on subject property's southeast corner. The development will be located behind an existing retail/apartment building that is located toward the front of the subject property fronting KOhio Highway. VI.APPLICANT'S REASONS/JUSTIFICATION Please refer to the Application. VII.AGENCY COMMENTS Attached as Exhibit 'A' VIII.ADDITIONAL FINDINGS Project Site & Surroundings The subject property is located within the County Neighborhood Commercial (CN} zoning district and is within the State Land Use Urban District. The property was rezoned from the County Residential (R-4) zoning district to the Neighborhood Commercial (CN) zoning district through Zoning Amendment ZA-98-2 that was approved by the Kaua'i County Council on June 9, 1999 (Ordinance No. PM-347-99). The adjacent parcel to the North is located within the County Residential (R-4) zoning district and contains a mixer of residential and industrial uses that include a single­ family residence and an autobody repair shop. The adjacent parcel to the East and South is located within the County Residential District (R-4) zoning district and is being utilized by the Lihue Hongwanji Mission. Z-I11-2023-1; Director's Report Charter Spectrum c/o Next Design (Karen Sakamoto) January 10, 2023 31Page Class Ill Zoning Permit Section 8-6.4(a)(3)(A) of the CZO, Kaua'i County Code (KCC) states: "(3) Class Ill Permit. A Class Ill Permit must be obtained for the construction or development on a parcel where: (A)The parcel is larger than twenty thousand (20,000) square feet but smaller than one (1) acre, whether or not the parcel is located within a Constraint District or a Special Treatment District, and the construction or development does not require a Variance Permit." X.PRELIMINARY EVALUATION In evaluating the Applicant's request to allow for the demolition of an existing residence and the construction of two (2) thirty-five foot (35') telecommunication/ utility training poles and associated improvements, the following should be considered: CZO Development Standards: 1.Building Height and Setback Requirements: Based on the information represented in the Application, the proposed development complies with the building height and building setback requirements, pursuant to Section 8-6.3 of the KCC. 2.Lot Coverage: As represented, the proposed development as well as the existing structures on the subject property will have a lot coverage of 67.5%. It is currently under the 80% maximum lot coverage requirement for parcels within the Neighborhood Commercial (CN) zoning district, per Sec. 8-6.3(g). XI.PRELIMINARY CONCLUSION Based on the information contained in the Director's Report Findings and Evaluation, the Planning Department concludes the following: 1.The development will not have significant adverse impacts to the environment or the surrounding area. The proposal is in compliance with the criteria outlined for the granting of a Class Ill Zoning Permit; and Z-I11-2023-1; Director's Report Charter Spectrum c/o Next Design (Karen Sakamoto) January 10, 2023 41Page 2.The proposal should not be detrimental to person, property, or the environment in the surrounding area. 3.The Applicant should institute the "Best Management Practices" to ensure that the proposed development does not generate impacts that may affect the health, safety, and welfare of those in the surrounding area of the proposal. XII.PRELMINARY RECOMMENDATION Based on the foregoing evaluation and conclusion, it is hereby recommended Class Ill Zoning Permit Z-11I-2023-1, be APPROVED subject to the following conditions: 1.Pursuant to Ordinance No. PM-347-99, the Applicant shall work with the Planning Department to determine the extent of improvements relating to Condition No. 2 of the ordinance that states: "2. The driveway and rear parking lot shall be improved as a result of any additions or new structures." 2.The project shall be constructed as represented. Any changes to the operation and/or the respective structures shall be reviewed by the Planning Director to determine whether Planning Commission review and approval is warranted. 3.In order to ensure that the project is compatible with its surroundings and to minimize the visual impact of the structures, the external color of the proposed development shall be of moderate to dark earth-tone color. The proposed color scheme should be submitted to the Planning Department for review and acceptance prior to building permit application. 4.The Applicant is advised that should any archaeological or historical resources be discovered during ground disturbing/construction work, all work in the area of the archaeological/historical findings shall immediately cease and the Applicant shall contact the State Department of Land and Natural Resources, Historic Preservation Division and the Planning Department to determine mitigation measures. 5.In order to minimize adverse impacts on the Federally Listed Threatened Species, Newell's Shearwater and other seabirds, if external lighting is to be used in connection with the proposed project, all external lighting shall be only of the following types: downward-facing, shielded lights. Spotlights aimed upward or spotlighting of structures shall be prohibited. Z-I11-2023-1; Director's Report Charter Spectrum c/o Next Design (Karen Sakamoto) January 10, 2023 SI Page 6.The Applicant shall develop and utilize Best Management Practices (B.M.P's) during all phases of development in order to minimize erosion, dust, and sedimentation impacts of the project to abutting properties. 7.The Applicant shall resolve and comply with the applicable standards and requirements set forth by the State Health Department and the County Departments of Public Works. 8.The Applicant is advised that prior to and/or during construction and use additional conditions may be imposed by government agencies. Should this occur, the applicant shall resolve these conditions with the respective agency(ies). 9.The Planning Commission reserves the right to add or delete conditions of approval in order to address or mitigate unforeseen impacts this project may create, or revoke the permits through the proper procedures should conditions of approval be violated or adverse impacts be created that cannot be properly addressed. The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process scheduled for January 10, 2022 whereby the entire record should be considered prior to decision-making. The entire record should include but not be limited to: a.Pending government agency comments; b.Testimony from the general public and interested others; and c.The Applicant's response to the staff's report and recommendation as provided herein. Z-I11-2023-1; Director's Report Charter Spectrum c/o Next Design (Karen Sakamoto) January 10, 2023 B Planner Approved & Recommended to Commission: irector of Planning Date: -'�/} ____ / 1Jft-_]_ GI Page {Agency Comments) Kenneth Estes From: Kristen Romuar-Cabico Sent: Friday, December 9, 2022 2:53 PM Kenneth Estes To: Subject: FW: Planning Routing: Z-11I-2023-1 Karen Sakamoto From: Bryan Wienand <bwienand@kauai.gov> Sent: Friday, December 9, 2022 2:52 PM To: Kristen Romuar-Cabico <krcabico@kauai.gov> Subject: RE: Planning Routing: Z-III-2023-1 Karen Sakamoto Kristen, Please incorporate these "template" comments as follows: The applicant shall comply with all provisions of the "Sediment and Erosion Control Ordinance No. 808" to safeguard the public health, safety, and welfare, to protect property, and to control soil erosion and sedimentation. This shall include, but not be limited to, a grading and/or grubbing permit in compliance with the County's Sediment and Erosion Control Ordinance, which is required if any of the following conditions apply: •The work area exceeds one (1) acre, •Grading involving excavation or embankment, or combination thereof exceeds 100 cubic yards. •Grading exceeds five (5) feet in vertical height or depth at its deepest point. •The work area unreasonably alters the general drainage pattern to the detriment of abutting properties. During construction, best management practices (BMPs) shall be incorporated to the maximum extent practicable to prevent damage by sedimentation, erosion, or dust to watercourses, natural areas, and other properties. The permittee and the property owner shall be responsible to ensure that BMPs are satisfactorily implemented at all times. Thank you, Bryan FROM: Kaaina S. Hull, Director SUBJECT: Zoning Class III Z-III-2023-1 Tax Map Key: 370040060000 Applicant: Karen Sakamoto County of Kaua'i Planning Department 4444 Rice St., Suite A473 Lihue, HI 96766 (808)241-4050 RECEIVED Planner: Kenneth Estes NOV - 4 2022 10/31/2022 Lot improvements for: Charter Lihue Pole Yard ENVIRONMENTAL HEALTH SERVICES TO: 0 State Department of Transportation -STP 0 State DOT -Highways, Kauai (info only) 0 State DOT -Airports, Kauai (info only) 0 State DOT -Harbors, Kauai (info only) 0 State Department of Agriculture 0 State Office of Planning 0 State Dept. of Bus. & Econ. Dev. Tourism 0 State Land Use Commission 0 State Historic Preservation Division 0 State DLNR -Land Management 0 State DLNR -Forestry & Wildlife 0 State DLNR -Aquatic Resources 0 State DLNR -Conservation & Coastal Lands 0 Office of Hawaiian Affairs FOR YOUR COMMENTS (pertaining to your department) KAUAI 0 County DPW -Engineering 0 County DPW -Wastewater 0 County DPW -Building 0 County DPW -Solid Waste 0 County Department of Parks & Recreation 0 County Fire Department 0 County Housing Agency 0 County Economic Development 0 County Water Department 0 County Civil Defense 0 County Transportation Agency □KHPRC 0 U.S. Postal Department 0 UH Sea Grant 0 Other: Office of Hawaiian Affairs This matter is scheduled for a public hearing before the County of Kauai Planning Commission on 10/31/2022 at the Lihue Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Kauai, at 9:00 am or soon thereafter. Ifwe do not receive your agency comments within one (1) month from the date of this request, we will assume that there are no objections to this permit request. Mahalo! DAVIDY.IGE GOVERNOR OF HAWAII ..,., NOV -9 p 2 ·,15 STATE OF HAWAII'-'-.DEPARTMENT OF HEALTH DATE: TO: FROM: PLANNING OEPl 3040 Umi St. Lihue Hawaii 96766 November 4, 2022 Kaaina S. Hull, Director Janet M. Berreman, M.D., M.P.H., ELIZABETH A. CHAR, M.D. DIRECTOR OF HEAL TH District Health Officer (Acting for District Environmental Health Program Chief} SUBJECT: Shiramizu Loo & Nakamura LLLP Special Management Area: SMA(M}-2023-10 In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health "Standard Comments" regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1.All project activities shall comply with the Hawaii Administrative Rules (HAR}, Chapters 11-59 and 11-60.1. 2.Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3.Standard comments for the Clean Air Branch are at: https://health.hawaii.gov/epo/landuse/ Clean Water Branch 1.All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii.gov/cwb/clean-water-branch-home-page/cwb-standard­ comments/. Hazard Evaluation & Emergency Response Office 1.A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2.Standard comments for the Hazard Evaluation & Emergency Response Office are at: https://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1.Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-502, 11-503, 11-504. 2.Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1.Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of: 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-25. They may be responsible for fulfilling additional requirements related the Safe Drinking Water program: https:ljhealth.hawaii.gov/sdwb/. 2.Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. 2 Solid & Hazardous Waste Branch 1.Hazardous Waste Program -The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2.Solid Waste Programs -The laws and regulations are contained in HRS Chapters 339D, 342G, 342H and 3421, and HAR Chapters 11-58.1, and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible, waste prevention, reuse and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3.Underground Storage Tank Program -The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4.Standard comments for the Solid & Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch Standard comments for the Wastewater Branch can be found at: https://hea Ith. haw a ii .gov/ epo/la nd use. Sanitation / Local DOH Comments: 1.Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 2.According to HAR §11-26-35, No person, firm, or corporation shall demolish or clear any structure, place, or vacant lot without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure, site, or vacant lot. A demolition or land clearing permit is required prior to demolition or clearing. Other 1.CDC -Healthy Places -Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2.If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should 3 there be any questions on this matter, please contact the Department of Health, Kauai District Health Office at 808-241-3495. 4 FROM: Kaaina S. Hull, Director SUBJECT: Zoning Class III Z-III-2023-1 Tax Map Key: 370040060000 Applicant: Karen Sakamoto County of Kaua'i Planning Department 4444 Rice St., Suite A473 Lihue, HI 96766 (808)241-4050 Planner: Kenneth Estes COUNTY Of K �.UA\ 1013112022 Lot improvements for: Charter Lihue Pole Yard TO: D State Department of Transportation -STP 0 State DOT -Highways, Kauai (info only) D State DOT -Airports, Kauai (info only) D State DOT -Harbors, Kauai (info only) 0 State Department of Health D State Department of Agriculture D State Office of Planning D State Dept. of Bus. & Econ. Dev. Tourism D State Land Use Commission 0 State Historic Preservation Division D State DLNR -Land Management □State DLNR -Forestry & Wildlife D State DLNR -Aquatic Resources D State DLNR -Conservation & Coastal Lands D Office of Hawaiian Affairs FOR YOUR COMMENTS (pertaining to your department) County of KauaiTransportation Agency0 County DPW -Engineering D County DPW -Wastewater □County DPW -Building D County DPW -Solid Waste D County Department of Parks & Recreation 0 County Fire Department D County Housing Agency D County Economic Development 0 County Water Department D County Civil Defense □KHPRC D U.S. Postal Department D UH Sea Grant 0 Other: Office of Hawaiian Affairs This matter is scheduled for a public hearing before the County of Kauai Planning Commission on 10/31/2022 at the Lihue Civic Center, Moi�ha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Kauai, at 9:00 am or soon thereafter. Ifwe do not receive your agency comments within one (1) month from the date of this request, we will assume that there are no objections to this permit request. Mahalo! ,j�\\f l)i BELLES GRAHAM LLP A ITORNEYS AT LAW MAX W.J. GRAHAM, JR. OF COUNSEL DYNASTY PROFESSIONAL BUILDING JONATHAN J. CHUN IANK.JUNG 3135 AKAHI STREET, SUITE A MICHAEL J. BELLES Federal I D No 99-0317663 LIHUE, KAUAI, HAW AII 96766-1191 COUtHY�����;gi T TO: FROM: DATE: RE: TELEPHONE NO: (808) 245-4705 FACSIMILE NO: (808) 245-3277 E-MAIL: mail@kauai-law.com MEMORANDUM ---------- Mr. Ka'aina S. Hull Director of Planning Planning Department 4444 Rice Street, Suite 473 Lihue, Kauai, Hawaii 96766 Ian K. Jung, Esq. t!}­ October 17, 2022 Petition to Amend Condition No. 9 '22 OCT 18 Al0:17 PLANNING DEPl VIA HAND DELIVERY Use Permit U-88-23, Class IV Zoning Permit Z-IV-88-28, Special Permit SP-88-3 4900 Kuawa Road Kilauea, Kauai, Hawaii 96754 Kauai Tax Map Key No. (4) 5-2-013:012 (por.) Owner: CG Real Estate LLC, a Hawaii limited liability company This office represents CG Real Estate LLC, a Hawaii limited liability company (hereinafter referred to as "Applicant"), who is the fee owner of the Subject Property located at 4900 Kuawa Road, Kilauea, Kauai, Hawaii 96754, and identified as Kauai Tax Map Key No. (4)5-2-013:012 (por.) (hereinafter referred to as "Subject Property"). Enclosed is a Petition to Amend Condition No. 9 of Use Permit U-88-23, Class IV Zoning Permit Z-IV-88-28, Special Permit SP-88-3 along with Exhibits "A" -"H" for processing. IKJ:jaug Enclosures Thank you very much for your assistance in this matter. cc: Mr. Oliver Niedermaier, w/encls. (via email only) Mr. Gary Moore, w/encls. (via email only) {W:/DOCS/28971/l/W0l77413.DOCX} I.1. Jan. 10, 2023 BELLES GRAHAM LLP IAN K. JUNG (8626-0) 3135 Akahi Street, Suite A Lihue, Kauai, Hawaii 96766 Telephone: (808) 245-2163 Facsimile: (808) 245-3277 Email: ikj@kauai-law.com Attorney for Applicant, CG REAL EST A TE LLC, a Hawaii limited liability company COUNTY ()F i,< A I J A I ·22 OCT 18 A/0 :17 PLANNING DEPT. BEFORE THE PLANNING COMMISSION OF THE COUNTY OF KAUAI In The Matter Of The Application ) ) Of ) ) CG REAL EST ATE LLC, a Hawaii limited ) liability company, for an existing Use Permit ) U-88-23, Class IV Zoning Permit Z-IV-88-28, )and Special Permit SP-88-3, on property )situated at Kilauea, Kauai, Hawaii, identified ) by Kauai Tax Map Key No. (4)5-2-013:012 ) (por.), containing a use area of 12 acres, more ) or less. ) ---------------) USE PERMIT NO. U-88-23 CLASS IV ZONING PERMIT NO. Z-IV-88-28 SPECIAL PERMIT NO. SP-88-3 PETITION TO MODIFY CONDITION NO. 9 OF USE PERMIT U-88-23, CLASS IV ZONING PERMIT Z-IV-88-28, AND SPECIAL PERMIT SP-88-3; EXHIBITS "A" THROUGH "H" PETITION TO MODIFY CONDITION NO. 9 OF USE PERMIT U-88-23, CLASS IV ZONING PERMIT Z-IV-88-28, AND SPECIAL PERMIT SP-88-3 I.APPLICANT AND PROPERTY INFORMATION. The Petitioner in this matter is CG REAL EST A TE LLC, a Hawaii limited liability company (hereinafter referred to as "Petitioner"), who is the fee owner of the Subject Property located at 4912 Kuawa Road, Kilauea, Kauai, Hawaii 96754, and identified as {W:/DOCS/28971/1/W0l 77081.DOCX} / / Kauai Tax Map Key No. (4) 5-2-013:012 (por.) (hereinafter referred to as "Subject Property"). Attached hereto as Exhibit II A II is an authorization executed by the Petitioner authorizing Ian K. Jung of Belles Graham LLP to assist them in obtaining the amendment sought in this Petition. This Petition is being filed pursuant to Chapter 1-12-9 of the Rule of Practice and Procedure of the Planning Commission ("PC Rules"). This Petition seeks to extend the performance timeline established in Condition No. 9 of the existing Use Permit U-88-23, Class IV Zoning Permit Z-IV-88-28, and Special Permit U-88-3 (collectively the "Permits") and the Amendments issued thereto. II.FACTS SUPPORTING AMENDMENT.1.On April 13, 1988, the Planning Commission approved the Permits toallow for the construction of a visitor center at the subject property. Approval of the visitor center included but was not limited to a marketing pavilion, a snack shop, restrooms, an observatory deck, and nursery. Hours of operation of the visitor center were limited from 9:00 a.m. to 5:00 p.m., seven (7) days a week, with occasional special after hour functions permitted. 2.The Planning Commission issued its Findings of Fact, Conclusions ofLaw, and Decision and Order for the Permits ("Permit Approval") [Exhibit "B 11 ). 3.On March 4, 2013, the Applicant submitted a request to amend theoriginal Permit Approval. 4.The Planning Department prepared a Planning Director's Report andSupplement No. 1 to the Planning Director's Report recommending the approval of the request to amend the Permit Approval. {W :/DOCS/28971/1/W0 I 7708 I.DOCX } -2- 5.After consideration of the findings of the Planning Department, the Planning Commission approved an amendment package to the Permits providing thirteen (13) conditions of approval, thereby modifying the original Findings of Fact, Conclusions of Law, and Decision and Order on June 12, 2013. 6.Based on the action of the Planning Commission, the Planning Department issued its approval letter, dated June 21, 2013, identifying the modified thirteen conditions ("Amended Permit Approval") [Exhibit "C"]. is as follows: 7.The original Permit Approval proposed a three-phase construction, which a.Phase I. Includes Building No. 1 which is 1,000 square feet in size containing restrooms, service and storage areas, and a snack shop which will provide visitors with an opportunity to sample and purchase Mauna La'i guava fruit drinks and products, and light snacks. Building No. 2 is also 1,000 square feet in size and was proposed to house product exhibits and a marketing area. b.Phase II. Includes an orchard viewing platform situated above Building No. 3. Building No. 3 is about 1,200 square feet in size and was proposed to be used to retail Kilauea Agronomics and C. Brewer promotional products, foods, plants, and to accommodate an office and additional storage space. Also included in this phase is the development of a tropical plant nursery and orchard. c.Phase III. Includes the construction of Building No. 4 which will consist of 1,200 square feet and was proposed to be used as additional product display and retail area. {W:/DOCS/28971/1/W0I 77081.DOCX} -3- 8.To date, Building Nos. 1 and 2 are complete, Building No. 3 is not completed, and Building No. 4 is fifty percent (50%) complete. 9.The Amended Permit Approval re-designated the use of Building Nos. 1, 2, 3, and 4 to provide for a farm-to-table restaurant concept. The Amended Permit Approval provided for extended the hours of operation from the previously approved 9:00 a.m. to 5:00 p.m. to 7:30 a.m. to 9:00 p.m. The Amended Permit Approval also provided for up to four (4)special after hours functions per month whereby no more than two hundred (200) guests would be allowed with a restriction that the special function cease no later than 10:00 p.m., and those attending the said function shall vacate the property by 11 :00 p.m. In addition to the time limitation, the Applicant is required to notify the Planning Department in advance of such special functions and prohibit the noise emanating from the venue to fifty-five (55) decibels (dBA) at the property line. 10.The Amended Permit Approval also permitted the sale of promotional retail products with the farm's logo and other agricultural products that are in keeping with the promotion of Kauai Grown and/or Hawaii Made products. The Planning Department reserved the right to determine those offsite produced products that may be sold in the Marketing Pavilion to ensure the operations are in keeping with the intent of the farm-to-table arid farm-to-shelf spirit of the Amended Permit Approval. 11.The Former Applicant operated the Project for a number of years. However, due to personal and medical reasons, the Applicant's primary representative limited the operations on the Subject Property and was unable to complete the Project as provided for in Condition No. 9. {W:/DOCS/28971/l/W0l7708l.DOCX} -4- 12.On May 22, 2018, the Former Applicant was issued an extension of the performance Condition No. 9 to complete the Project by May 31, 2023 [Exhibit "D"]. The Planning Commission was aware the Petitioner was the buyer of the Subject Property and discussed a timeline for completion of the Project. 13.Following the sale of the Subject Property, the Petitioner was actively engaged in site plan modifications and compliance Condition Nos. 1 and 2 regarding Kuawa Road improvement with the intent to move forward with the Project and implement the uses approved in the Amended Permit Approval, which the 2022 Annual Report and photographs of the completed road widening are attached [Exhibit "E"]. However, due to COVID-19, the Project suffered setbacks due to the uncertainty surrounding the pandemic. 14.Seeing the end of the COVID-19 Pandemic closures, the Petitioner re-engaged with the Building Permit review process and is fully committed to move the Project forward. 15.In an effort to create efficiency of the use allowed under the Project Permits, the Petitioner requested a site plan modification, which was approved by the Planning Director on August 20, 2019 [Exhibit "F"]. The Project siting was reconfigured with Building Nos. 3 and 4 consolidated to a maximum of 2,400 square feet and relocated on the Subject Property. The location of the promotional retail product area within the consolidated Buildings No. 3 and 4 will not exceed a 1,200 square foot space area. Furthermore, the Applicant is required to remove the wall enclosures associated with existing, but partially constructed Building No. 4 upon relocation with a no net gain of square footage as provided for in the Amended Permit Approval. Lastly, the "uncovered seating" area (estimated at 760 square feet) is intended to be relocated to a future area within the project complex but will remain open {W:/DOCS/28971/1/W0l 77081.DOCX} -5- with no exterior wall enclosures. See, Exhibit "G" for a copy of the Site Plan Modification. For comparison purposes, attached as Exhibit "H" is a copy of the prior Site Plan prepared by the Former Applicant. 16.The Petitioner has the following Building Permits approved for the Project based on the approved site plan modifications: a.BP19-190I-Agricultural Building (Includes Bathroom) Status: Approved b.BP19-240I -Kitchen Demolition Status: Approved c.BPI9-2479 -Kitchen and Trellis Shell and Core Status: Approved d.BPI9-2479 -Kitchen and Trellis Tenant Improvement Status: In Review/ Approval pending food application fee processmg e.BPI9-887 -Maker Space Demolition Status: Approved / Complete f.BPI9-I599 -Re-roof of Agricultural Building Status: Approved g.BP19-I842 -Welcome Pavilion Status: Pending h.BPI 9-2066 -Private Dining Renovation Status: Approved 1.BPI 9-2067 -Office Renovation Status: Approved J.BPI 9-2403 -Agricultural Building Events Space Status: Approved {W:/DOCS/28971/l/W0l77081.DOCX} -6- III.LOCATION MAP IDENTIFYING THE SITE, ADJACENT ROADWAYS AND IDENTIFYING LANDMARKS. The Subject Property that 1s covered by this Petition is identified as Kauai Tax Map Key No. (4) 5-2-013:012 (por.) and contains 46.587 acres, for which approximately 12 acres in use via the Amended Permit Approval. The Subject Property is located in Kilauea, County of Kauai, mauka of Kuhio Highway, approximately 5,000 feet south of the intersection of Kuawa Road and Kuhio Highway and is the site of the old Guava Kai Visitor Center. IV.COUNTY AND ST ATE LAND USE DISTRICT ZONING AND GENERAL PLAN DESIGNATION AREAS OF THE PROPERTY AND APPLICABLE DENSITIES. The Subject Property's respective State Land Use Commission ("SLUC"), Kaua'i General Plan, County of Kauai Comprehensive Zoning Ordinance ("CZO"), and other relevant land use designations for the Subject Property are as follows: a.SLUC. As described in the Application, the Subject Property is located in the SLUC Agricultural District. The Subject Property has been located in the SLUC Agricultural District since the inception of the SLUC Districts. b.Kaua'i General Plan. As described in the Application, the Subject Property is located in the Kaua'i General Plan Agriculture Land Use Designation. The Subject Property has been consistently located in an Agriculture designation or classification under prior General Plans. c.CZO. As described in the Application, the Subject Property is located in the CZO Agriculture and Open Districts. {W:/DOCS/28971/1/W0I 7708 I.DOCX } -7- d.Development Plan Area. The Subject Property is located within the North Shore Development Plan Area. The Subject Property has been located within the North Shore Development Plan Area smce the original adoption of the North Shore Development Plan (Ord. No. 239, December 27, 1974, and as updated by Ord. No. 476, June 27, 1985). Additionally, the Subject Property is located in the Kilauea Town Plan (September 2006). e.Special Management Area. The Subject Property is not located within the Special Management Area ("SMA") of the County of Kauai. V.STANDARD OF REVIEW. Rule 1-12-9 of the PC Rules provides that the Petitioner may petition to modify a condition as follows: 1-12-9 Modification or Deletion of Conditions. (a)If a permit holder desires to have a modification or deletion of acondition that was imposed by the Commission, the permit holdershall file a motion in accordance with Section 16-16 of these Rulesand serve a copy to all parties to the proceeding in which thecondition was imposed. The Director shall have the discretion on whether to require a notice of hearing on the modification ordeletion of conditions. In cases where the Director does not require a notice of hearing, the Commission, upon hearing themotion for modification or deletion of conditions, may require anotice of hearing. (b) For good cause shown, the Commission may act to modify ordelete any of the conditions imposed. VI.JUSTIFICATION FOR MODIFICATION OF CONDITION NO. 9. The intent of Condition No. 9 was to ensure that the Petitioner completes the improvements provided for in the Amended Permit Approval. Following the Amended Permit Approval, the Former Applicant engaged in the uses permitted and implemented the {W:/DOCS/28971/l/W0l77081.DOCX} -8- Such pennitted uses in the SLUC Agricultural District are set forth in HRS Section 205.2(d) and HRS Section 205-4.S(a), which provide in relevant part as follows: "§205-2. Districting and classification of lands. ( d)Agricultural districts shall include: (1)Activities or uses as characterized by the cultivation of crops, crops for bioenergy, orchards, forage, and forestry; (7)Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, regardless of whether conducted on the same premises as the agricultural activities to which they are accessory, including farm dwellings as defined in section 205.4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities .... ( 13)Open area recreational facilities; (15)Agricultural-based commercial operations, including: (A) (B) {W:/DOCS/28971/1/W0J 77081.DOCX} A roadside stand that is not an enclosed structure, owned and operated by a producer for the display and sale of agricultural products grown in Hawaii and value­ added products that were produced using agricultural products grown in Hawaii; Retail activities in an enclosed structure owned and operated by a producer for the display and sale of agricultural products grown in Hawaii, value-added products that were produced using agricultural products grown in Hawaii, logo items related to the producer's agricultural operations, and other food items; and -10- (C)A retail food establishment owned and operated by a producer and permitted under [title 11,] chapter 12 of the rules of the department of health that prepares and serves food at retail using products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii .... " "§205-4.5 Permissible uses within the agricultural districts. (a)Within the agrjcultural district all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be restricted to the following permitted uses: (1)Cultivation of crops, including crops for bioenergy, flowers, vegetables, foliage, fruits, forage, and timber; (6)Public and private open area types of recreational uses, including day camps, picnic grounds, parks, and riding stables, but not including dragstrips, airports, drive-in theaters, golf courses, golf driving ranges, country clubs, and overnight camps; (9)Agricultural-based commercial operations as described in section [205.2(d)(15)]; (10)Buildings and uses, including mills, storage, and processing facilities, maintenance facilities, ... and vehicle and equipment storage areas that are normally considered directly accessory to the above-mentioned uses and are permitted under section 205.2(d) .... " The permitted uses in the Amended Permit Approval include the development of a farm-to-table restaurant and facilities for the production and sale of value-added products with Kauai Made or Hawaii Grown products. These uses are consistent with the uses now provided for {W:/DOCS/28971/1/W0l 77081.DOCX} -11- under HRS Sections 205-2(d) and 205-4.S(a) as agricultural-based commercial operations which involve: a.Retail activities in an enclosed structure owned and operated by a producerfor the display and sale of agricultural products grown in Hawaii, value-added products that were produced using agricultural products grown in Hawaii, logo items related to the producer's agricultural operations, and other food items; and b.A retail food establishment owned and operated by a producer and permittedunder Chapter 12 of the Hawaii Administrative Rules of the Department of Health, State of Hawaii, that prepares and serves food at retail using products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii. HRS Section 205-2(d)(l5). c.The Agricultural Activities are permitted as an activity characterized by thecultivation of crops. HRS Sections 205-2(d)(l) and 205-4.S(a)(l). Although the policies set forth in HRS Chapter 205 have changed relative to food establishments and the retail of value-added products on SLUC Agricultural District lands, the CZO still requires a Use Permit for the continued commercial uses. As such, the Petitioner recognizes the Use Permit and Class IV Zoning Permit requirement and is requesting the extension of the Amended Permit Approval specifically to continue the previously approved commercial uses. During the Planning Commission's review of the Amended Permit Approval request, mitigation elements were implemented to minimize the impacts to the adjacent neighbors. Given the conditions of the Amended Permit Approval run with the land, the Petitioner recognizes the limitations and agrees to be bound by those mitigation requirements as {W :/DOCS/28971/1/W0 I 7708 I.DOCX } -12- with achieving strategic growth goals. The program was so successful (we received 44+ applications for the inaugural cohort) that the Petitioner decided to launch the CG Foundation and raise funds for a second cohort. Cohort 2 of the Common Ground Incubator launched in July 2022 with five (5) companies. Once again, each participating company will receive $10,000.00 in funding to assist with strategic growth goals. The program was funded through generous donations from the Petitioner, the County of Kauai Office of Economic Development, and the Atherton Foundation, as well as private donors. As noted herein, the Petitioner has progressed in fulfilling the vision set forth in the Amended Permit Approval; however, due to the constraints caused by COVID-19 it has been unable to complete the construction of the buildings. Therefore, a time extension is requested to complete the Project given measurable progress has been made on securing necessary building permits for each of the proposed structures. In consideration of the above, the Petitioner requests a five (5) year extension and requests that Condition No. 9 be modified as follows: Condition No. 9. Completion of the project shall be attained by May 31, 2028. VII.CONCLUSION. Pursuant to Rule 1-12-9 of the PC Rules, the Petitioner respectfully requests that the Planning Commission of the County of Kauai grant its Petition To Modify Condition No. 9 to read as set forth above. {W:/DOCS/28971/1/W0I 77081.DOCX} -14- {W:/DOCS/28971/1/W0I 77081 .DOCX } I.APPLICANT. Name: Address: Email: APPLICANT'S AUTHORIZATION CG REAL ESTATE LLC, a Hawaii limited liability company c/o Mr. Oliver Niedermaier P.0. Box 818 Bridgehampton, New York 11932 oliver@commongroundkauai.com II.AUTHORIZED AGENT. Name: Address: Telephone: Facsimile: Email: III.PROPERTY. Ian K. Jung, Esq. Belles Graham LLP 4334 Rice Street, Suite 202 Lihue, Kauai, Hawaii 96766 (808)245-2163 (808)245-3277 ikj@kauai-law.com Lot 28, Kalihiwai Ridge Subdivision 4900 Kuawa Road Kilauea, Kauai, Hawaii 967 54 Kauai Tax Map Key No. (4) 5-2-013:012 IV.AUTHORIZATION. The Applicant hereby authorizes the Authorized Agent to act on the Applicant's behalf and to file and process on the Applicant's behalf any and all applications necessary to obtain governmental permits relating to the Subject Property, including, but not limited to, the following: {W:/DOCS/28971/J/W0JS8339.DOCX} EXIDBIT "A" JAN-24-2007 WED 04:12 PH COK PLANNING DEPT. TONY T. KUNIMUAA MAVOA FAX NO. 808 2416689 COUNTY OF KAUAI PLANNING DEPMTMENT d280 RICE STAl:l:T LIHUE, KAUAI, HAWAII :l67fi6 April 14, 19813 Max W. J. Graham, Jr., Esq. Lowenthal, August, Graham & Seitz 3016 Umi Street Lihue, Kauai, HI 96766 Subject: Use Permit U-88-23 Special Permit SP-68-3 Class IV Zoning Permit Z-IV-88-28 Kilauea Agronomics, rnc. lMK: 5-2-17: Por. 14 P.02 TOM H. sv.tcc:.�OTO Pl�nning Di�eccor ROI.Ami D. SAG1JH. III Depuc1 Planning Direc�or �elephone (B08)2�5-3919 This is to inform you that the Kauai County Planning Commission on April 13, 1988, ratified its decision of March 23, 1988, to approve the subject permits. Transmitted herewith is the Findings of Fact, Conclusions of Law, Decision and Order of the Commission. (;2.-1 .:::L�-� TOM H. SH.W;OTr Planning Director EnclosurG CG: Stan Irion, Michael Bockelman, Mayo� Public Work� Dept.7 Water Dept., Health Dept. Dept. of Agriculture, Real Property Div. EXHIBIT II B" THE PLANN1N0 CCJMVIISSICN OF THE COJNTY OF KAUAI S'TATE OF I-IAWAX l IN THE MATT�R OF THE APPLICATI�) ) OF ) Use Pgrmit U-8B-23 Special Permit SP-88-3 Class IY Zon1ng Perrn1c z-tV-88-28 FlNDlNBS OF �AC1, CONCLUSIONS OF LAW, DECISla-1 AND ORDER The �bove en�;t1ed a�plic�tion came on for hear1ng before �he P7ann1ng CQf1Ylli,;,iadon of t:he County of Kou�-; (her-ei1,�fter "Corrrrriss1on"). St�to of H�waii, at 3145 p,m. en the 24th cf Fabru��y. �t which he�ring the App1ic�nt l3ppearect and presc;irn:ed 't:QSll:1mony for 'tha proposed requests. The Cormdse;;cn. having heard 't:he ��t:1mony and �x�rn1noo the ev1dence ppeswH;1$d a,:; ,:;hg �aring ond huv1ng ccno1dered the total record, �UP�eqUently took �ot1on �,:; 1�6 meeting Ch l'",::lrch 1988, �nd })oreby makes ,:;he fc77owing Findings of Fact, Conclusion5 of Law, Dec;ision �nd Order; E.�/jDIN03 OF FACT 1. KilaiLIGP:il Agror,omics, Inc. (hereinafter "Applicant") 'Is t:he Appl'fcc1nt: "for th€! permits rgcogni.i:G>ct h<::lr.:iir,. Max W . .J. Graham, .Jr., is the attorney ropr��imting the Applic�nt. 2. The Planning De�rtNlC?nt of the County of Kauai (hti1�oihaft�,.., 11 0Qpartnu.i1�t:·1) i;i; tho .::,gC?t"l.cY 1-esponsib'le for coordin�ting the review of applicl!ltions for the types of permits :sought hcro'ln ond .for pr'eparing reports for the Cc::>rwnis�ion'e cons;deraticn concerning the opprov�1 or de!'lio1 o� such p9rmits. a. M""lch:&1;11 BockQlman (hi;;,rcinaf�"-'r ,-,c:,fg,..,rsd �o as "Intervenor Bockelmeon") ;s the owner of t:he propgrcy 'idGnt:1f1QCf PY Kaua1 Tax Map KlilY: 5-��13, 7. 1,,1h1t;h ebu,:;s 'the proper-cy which -'Is t:he subJsc,:; of th'!s appl 'ica-c1on. <'\.. St::.,,n Irion (he1·e-inoft,ar referr-ed to os "lntor-vcr>or lr1on") "1!!: 'Che o....,,er of the prop-9rty id9ntifi�d by Kawa; T�x �p Key= 5-2-13= 5, which abuts ,:he;, propgrty which is tha subjac:t of th-{s �pplicati=i. PROG�DURA��: 5. The subject opplicotion w�� dat�d !Aecember 30, 1987, for a Use Permit, Spac1a1 Pertn1t, and Class IV Zcning Permit. to al low tl,e este.ibl ishnr!!nt: of a Guava Plancacico V1s1tor Cent:sr on t:he subject property. 6. 1he pul:,7-tc hearihg was held 1h t:he ccunt::y bu1lding Counc1l Ctv.imbers in Lil"YJe. Kauc11. Hc1wa11. on February c!.11., 1988. p1.1rsuar11:: t:o a notice published in the Garden Island newspaper or, FebrUl,t'Y 3. 1988. Not:ice wus al�o given to adjoining proparty own�rs.in accordance with Ordinance No. 506 OT the County of Kauai a� pvid,::,nc�d by the;, �n affidavit by W�Y11a E. K�t�y�rrta. rQc�ived February 17, 1989. ? • By rnot;Ol"ls du1y made .ind passed ¢It the public hearing on F'1bN1.;1py 24, 1998, the CQl'!Yn;ssion a1lowed lhterVehor Bocke1mBn and InterveMor Irion to part-fc-l,:>0,:;o o� po,-.t-t= in this proceedings. The Corrmiss'ion also tool� teat➔r-nony T�om �11 i��or-=:ted mornbcr� o� the PVbl;c. JAN-24-2007 WED 04:13 PM COK PLANNING DEPT, FAX NO, 808 2416689 P, 04 ft DESCRIPTIO'J OF PROPERTY: B.The proJgot site· is::: locl'atoc:1 in KilsuG.J;a, County of Kauai. rnauka of KuhioHighw�y, approximately 5,000 f<?9t SOI.Ith of the int9r��ction of Ku�we ROl3d�nd Kuhio Highw�y. identified by T�x Mao Key: 5-2-17: Per. 14, andcontains a land ar� of 12 aorm;. ThGi proJ8Ct s1ts is l:>asically flat andlies et �n e1avatit:>n o� about 340 feet above s!UI level. 9.lhe property is zoned Agriculture District (A): situotoo within tho StoteL�nd Use Agr;,:;;ultur�l District i:sncl .e:las:sif-ied �Agriculture'' by the KDuo'iGQngral Plan Ordinance No, 461. 10.Mop Poncl 78, the Oete11ed Lend Cla$s1f1cat1on -!sland of Kaua1. whichi,.,&s pre�re:d by the Lond Study B.Jroou, ro.t:o:3 tno ::soi1 prcx::luc,:;,.,;ty of �heprop-;.arty os C � i:, TiV�-•celm rating frcm A to E, with A representihg theo1a�� �f h1gh2>�� prcx:l�ctiv;ty and g the lowest. Map Panel 6 of the Agricu1-cura1 �ands of Importance t:o th8 S-ca-ca ofHCIWQii, 1dcnt1f1�0 tho �ubjoct; proper-cy os ''Pritne Agr'fcUltl.Jral 1-ands." PROPOSAL FOR DEVELOPMENT; 11.The oroJect will be develope,d ih three phases as follows: !?�.§!!Lil pi,,,i,..,.. 1 l I_ Includes BUi1ding *1 which is 1,000 sq. ft. 1n size containing restrooms. service and s�oraoe areas. and a i;,nacl-c; .:hop which will provide visitors With an opportunity to samplg and purcha�� Mlt�na La'i guava fruit drinks and product�. a�d light snacks. No �lcoholic beverages will ba sgrvgd. Building #2 i� �1�0 1,000 sq. ft. in size �nd will house product exhibits and a �rk�ting area. Includes a 30 ft. high orc��rd viewing platform situated above Bui1ding tt3, 0-.Jild;ng n3 is about 1,200 sq. ft. in ::;1;::c e,nd will be \.lSed to retedl Kilauea .Agronomics and C. Brewer prorr,ot;ona"l products, �oods, plonts, ond to a�c��te �n cf�1c� and addition�l stor�ge space. Also -rncluded in thfs phal&e is the developmgnt of a trop1cel p1ah,: nur5ery �nd orGhard. Includes the construct1on of E>.Jild;ng nA which wi11 ccnsist g-f 1,200 sq. ft. and will l:>GI u�....:;f a� additional produo� dicplay and r�,:ail area. All bu1ld1ng� W1ll \:w wood frame cons�ruction w1-ch Hawaiian hip, asp�l-c shingle roofing to rnatcl1 the exist:1ng off;ce building. The I-ours of operation are between 9:00 a.m. ond 5:00 p.m., 7 days a week, and poss1bly fop spec1a1 ttft:ar rour func-c'lons. o,e addit:ional fu11-t:ima emp1ayea and approx1roately 6 �o B part-t1me omp·1oyeas !Al11l be needed upcn completion of Phase I of t:he prapo$a'I. At present. the Appl1eant employs 35 fu11-c1me workers and approxiroote1y 76 l:QBsor,a l wor-kers. The anticipated completion d�te for Pn�se I is January of 1999. T� development; of Ph;icaG I I <;11"1d I II wil 1 PG> dc:.,�dQflt on rnar-kot cond1 tioru,. It is anticipated that construction of Phclsg II wi11 bc.lgin approxilllllltely 3 years after completion of Phase I. The total amount budgeted for the dovo1opment of Phese I ;s $585,000. 2 JAN-24-2007 WED o4:J3 PM COK PLANNING DEPT. FAX NO, 808 2416698 P, 05 /\PPLlCANT' S REASON9/JUSTIFICATIO\I_: 12.Tho A�plicant ha� prov;ded the following justifications: ''Ki1ev� Aoronomics. Inc ... a wholly a.-ined subsidiary of C. Brewer andCotnp:::,ny, L'lm'ltl!ld 1-oo =de o otrorig con-mitrnent towerds the successfuld"1V<11loi::,mcent of che guava -industry on l<au;;,,i; and its growth 1=><=>tent'l-:il inthe future looks very promising. O...r succ ... ss i" ;Qttr'll:>1 .. rtl!l'd tc;) C. 8r11w,i,rand Compainy'g dQd1ca�1cn �oward» fllc!l1n�ain1ng a Yi�blc agricul�uraleconornic �se on 'ft:s: l.snd l!Jt: Kil.!!IUG'.13. 1he sucoase.fu1 "!nt:rodL1ct:1on ofMo.u�o LO''f �1th Ocoon Sproy, hos exPo!'ed mainlanders t:o �he t:�St:e o�Heiwoiian quov.:i -fruit drinl<.. M.::,uno Lo• i con no1"' be -found on tr.e groceryshelves in ev�ry mc1Jor U.S. city. Th• �ccQptancQ of thg procluct by the IT\clr)<en: has been very favorable thus encoc.1r.,!:1in9 th<.> c:Qntinur;ad produc:ti01",of guava P',.lrog a� K11aui;;,.a. Additional promo�1on and advart1sing ofex�et1n9 and fucur� c. Brewer agr1cu1Lura1 produo�s arQ nQ08$oSary 1nord�r �o ma1n�ain and/er expand tnarke� sl,.!are in a cocnpet1�ivetncrketpl.:ice. "The, K11l!luea Agricult:ur�l Products Display Pc1vilion will be a port of our,rorketing progrl:lm 1:1nd will provide a window to the guavt:1 ind�,�try onK�uai. It 1s considered on �ccessory use to the 1T1C1in aotivities of guQvaculc1va�1on and �he processino of DUrea. Wi�hou� �hese ac�1v1�ies. thed1sp1ay pav111on cannot funcc1on, and t:here-rore 1s considered �o be acomp11men�ery �nd ccmpe,cible e1emen� euppc,rt1Ve to the rr.ein a�ricu1cur�lactivity. "The Agricultural Products Display P�vilion. along with the processingphint, orchardc and nurcQry will hglp to =luoato and promotg Ml:lun.a La'ito ths Yisil:or. lvhich hope-fully will stimulate -future consumption.8eceuse the majority of the v;eitors to the s;te will be from out of:::t:ate, ;t ;s ant;o;pc,t:cid th:,t the experience they perce;vo hero w·fl l b�1·emembered upon the-Ir return home. We be 1-t eve that -fuh'li 1; ot-i ty w; th ou,·produet, will ancourage purchl!lses by these v;sitors when they recogn;zeMl!luna La'i on the shel-f o-f their 1oca1 grocei-y store. "The fac11it1es and orchard will also o-ffer .!In educlilt1onal exper1er�ce ,:othe i:sland :::chool ch;ldren, s1nce field -cr1ps and c;;iu1decl -cours will be:s>Vo'll.:ible." LEGAL R§q.JIREM8'1TS: 13.A Spgo1�1 Pgrm1t �g ngc=�ary �1ncQ �ho prop,ar-cy, propos;gd dgv�lo�-c.�nd use6 thereof are located w�th1n the Seate Land Use Agr,oult:urgOi5tr1ot, and �uch deYe1opment and use are no� �enera11y permitted inth1s distr1ct. ,he pcrm1t tT1Jst conform to trn �tand�rds ond prov1s1ons�ontainod in Part v of the State Land Use Cortm1s3ion Rules andRegulations. relat:ing to the standards ond criteria considered in theissuance of 5pec1al Perm1t:s. 14.11. use Perm1c 1s necessary s1nce che pr�opercy 1s ZOl"1ed AQl'icult:ureOistr1ct and the proposa1 1s not a generally permitted use in t:hediser1ct. T�e permit m.Jst also conform to tha stahd�rd� 6nd provision�containc;id in tM U�f.l P'tlrrnit P.ection of tm CZO (RCO ArticlE> 19). 15.A Cla�� IV"Zoning Perm,t i� n,;,cg��arY a� � procGdura1 r�quirsment forissunnce of a use permit (RCO Section 8-8. 7). This oermit FNJst cotYformto the st�ndard� and provision$ contain�d ih the zon;nQ Permi�s sectiono-f the CZO (RCO Art;o1e 18). JAN-24-2007 WED 04:14 PM COK PLANNING DEPT. FAX NO. 808 241BB99 P, 06 ,,.._ !'i,GENCY CCJIIIMEN'f5: 16.PUb1"1c work:s Oeoon:ment:: The development w111 h'nve access from� dr;vewoy ond -t'rom Kuowi!> Rood. We eire V6'ry cc;,r,c�rned w'ith thQ >:1c:c.a,i;,,s to tho,, d11!1v-..lop<YW1:11,t- Ki.1�Wil Ro.Id is presently a pr-rva,:::e roadway w,th a 60 fee-c w1de r1ght-o1'­ way end a 16 feec wide espha1e1c conorece p�vemen�-Kuewe Rc�d hes beenofi'ered for de.di c:;oti on to the County. Ho..iever, tho ro.'.ld ho:ls not beenacc�pted 5inc� dr�inage easement5 need to be granted al�o. The pavement w;dth of 16 feet hos been �pproved by the County Council, most likelysince t:he agr1cu1t:ura1 subdivision generates very 1 ittle traffic;. O..H'res1dent:1al or corrmercial s-creet: requires the pavQ!ffient: t:o be at: leas-c 20fee-c in widt:h_ OJr concern is that comnerc1al1zing the area would result:in an incre�se 1n veh1cle traff-rc and veh1cle type, such es buses wh1ch rgquir� a widgr �vM1el"lt and traffic lane_ The building .site i.9 to be accessed thr0l.1gh a driveway that extends 2. 000 feet throuc;;ih the propea�t:y from Kuewa Roed. The proposa 1 is to prov-Ide a crt.1sh€d rock surfocing -for -c:he occe:;:, roed ;:,nd park;nq oreie,. Wh;le t;he A�p1ic�nt protx:xsos to upkeep tro occc�s roodlA'l!)y ond porking, we believe trot the occe:ss rood shou1d be built to bccorr,rc,dotcn two 1onos o-f trof·F'ic and should have either an asphaltic concrete or concrete surrDce course. Wt'1' i:ilsra, 1:,,,,1-t•vw t:h,,it: th-I p,,,rkfr,9 er<».,, •hou1d l:,e p.,1ved with aspha1t:ic concrQt� or concrete pavement, 1 7 _ Water Oepat-�.!!l!fl.DS.= � hove no objections to this Zoning, Uza �nd Spec:1o1 Perm1t Appl1co-c:1on prc,v;d,e,d thoit th .. bl..lild'lng pRrrnit not be granted ur'>til: ci.Tt,.;i Appl1can-c prepares and receives ths> Depi::artm�;t of Water 'ti=approval of OO!"\StPI..IC"Cion drawing(;; for necgs;,szary water s:ys:t""11 facili�ies, and �1ther construct:s s�1d fao111t�= orµ=�� a pt!lrformance bond for con3truction. These fac111�ies sha11 include: 1)Thei domestic service conneation. 2)The f1re serv1ce connec�ioo. 3)The interior plumbing plans w�th �he �ppropr�ate bl!lckflowprevention device (if rectuired). b.PB�ent of any appl;oable charggs in gffgct at th-.. tim,;:, of building permit approval. 18.State Oepi;irtment of Hei3lth: Our primary eov1ronment,a1 health concera,s qre cJS fol1ows: �- Sawage di5posal shall 5atisfy all applicable requirarnent� of Act28�. SLH 198S a� armmdl?d by Aot 302, SLI-1 1986, Each bu11d1ng �ha11 ):,e 11rnit:ed t:o gener�'l'.ing no more t:h.?Jn EIOO gpd 01' dofllQSt:1c wa:;rtewater. b.The prop=ed s�ook bor sho1l o�t��fy �,, opp1�cab1o requ�rcmont� ofChapter 1-A, Food Service and rood Estob1i51-tnent S.,,,nitation Code,Pvbli� H_,.1th R-tg�1atioti-, St�t• OT HbW�ii- JAN-24-2007 WED 04:14 PM COK PLANNING DEPT, FAX NO, 808 2418888 P, 07 o. A11 bui'ldinos. shall s;;atisfy a11 applicabh� rgq1J-frgrngm;s per-ca1n1ng to �an;'t:ary f�cili�ies �hd ventila�;on as stece<;l ih Ctr.lp't:er 11,san1tat1cn. T1tlo 11, AdM1n1strot1vo Rul=, Stoto of H�w�11,Deportment of He<>'lth. d.Pot:e�l� wet�r frocn an approved �cUrce �rall ba prov;�� for �,,ph11nses of thi1-prcJect. e.Ef-f'ect:1ve dL1st: and i.;011 eros"'ion con'\:rol me.isures shl!:111 beimp1C!lmO"lted dur1ng any arid a11 phases of developrnen't:. f.Grubbed moterio1 sh!:171 bes disi:x,:sed of ih a roonn�r �nd at� sit� approved by the Health Department. Open burning is prohibiced. g.Due co the oeneral n��ure of th1s propcsa1, we reserve the right co imPC>Sa further envir,onmental t-ealth l'est:r'ict:ions shcUld trcr-edetailed plans bG submitted. 1Q. Statg [)Qpartment of Agriculture: PUBLIC TESTIMONY .MID INTERVENOR I S CONCERNS, :ZD _ Pl..lbl -io test;mony -;n favor oi' the proJect supported the concept of the visitor c-=nt�r as a mre,an� to prt:>ITQte �nd m,i,,;htQin the �gric�1tur�l U�9 and product in Kilauea. �,. Both the Incerveners and publ1c LSSLify1ng 1n oppos1,;:ion LO Lhcii prop=al expre:,sed concerr,s or -crafi'ic:: sa-fa,;:y hazat'dSJ ahd -chs ,=,o,::ent:1211 "'incresse :,n troff1c on Ku.::iw::. Robd. Conct-rn of dt..•ot bo1ng generated 1'rorn troff1c along the unimproved private driveway b�inning from the end of the cul­ds-s�� of Kuaw� R=� to thw proJ�ct �1t� �a� �lso 0xpra$�acl. FURTHER FINDINGS AND CONSIDl;RATION: 22.E!<..:l�j!lg..J!a -c�rren�ly �he App71cant has approximately 480 acres of guoVZJ orchardo on �1-.e properLy in K1lauea (which 1s Lhe largesL hybrid guavo f�rm in the 5tote of Hawaii). E�isting us= include the guovaorchc:irdF, en crffico bui1�ihg, prC>CAss1n9 pl�nt t� procl�c• gu�v� p-Jr0m,Qnd Q nursery. The area of the prolX'Sed visitor center (including&J1ld1na #1 t:o #4) ac t:he present: t1me 1s "'in open space and nm: occupiedby any gllcJVi!l or other ;:igr1cu1 turz,1 product:. The Appl 10am: hervest:ed 4mi111on pounds of guava in 1984. The prccluotion yield increased to 11.1 million pound� in 19B7, which accounted for ong-half of ti-ii?. St�ts•� totalguava production. 23.Sur1•aundina Us;= - Thg ol==t r�idmcg is-i;:ituatr,ad approximatgly l, 000 to 2.000 feet to the Mortheast o� t� project site. The, Applicant'a 9ueva orch,rdz 5urround the proJeot s;te in �11 d;rect;c;ns. 2.-.. Tr<!l·f-f1c - e,,ui:ed on a .study prepared -fn January 1988 by C=�r,;:; and Lybr�nd, a cert;f;ed l.'l-lbl;c accountant Tirm, wh;ch invo1ved a visitor co•.m� s.urv,ay ·'=Ind i:r.eiff-fc count analysis;; f'or the p'lanning of tha propos;md Y1s1tor center 1n K1lauea, the follow1ng are cons1dered: I!>. -rr;::iff1 c co..int �f Kuowei Road, between 9 c 00 .;;1. m - eind 5: 00 p. rr,. 1nd1aat:o ,:hat: the tot:o1 t:rc:,1'1'1c ccur,t f'or \:h1:!: poriod worm .?91 vehicles on Jnhunry 12. 1988. nnd 296 vehic1es or, J�huery 15, 1988. b. Tt,s.r .. w-r .. 6? c..,r:,; pt19r hour c:,l::,,zff.lrvqcf dur-!n9 tr-. P-')ok hour tr�-Ff;c on Ku�wo R=-d during this �tudy p.;,riod. 5 JAN-24-2007 WED 04:14 PM COK PLANNING DEPT, FAX NO, 808 2416688 c.Visitor survey tqken at the Kilauea LiQhthou�o indic�ted th�t ototol of 152 visitors out or 211 polled expr_,.,.-i int�ropst in visiting a 0.sitor c:"'nte,.. in ,:,i 9u"IV<!I p1ontation. P, 08 A -cr�ffic ana1y�1� w�s prQpared by W1lson Ok�moto & Aasoc;a"t:= ror the p1ann1n� of the proposed v1s1tor center. The �ech-11que3 uoed 1n tho opsr.st1orial .and cepaci-cy onc;11ys"1� of' 1<1,,1owa Rood ond KUh1o Highw'1ly 1o1ere -ceom1ques adopted by the Yrenspor�at1on Ro�o�rch e=rd. Notic:n�1 Acodemy o-f' Sc1enco:::;, who oro cCY'lsidered to be the authority in tran.,.port�t'lc:oi, en�1neering_ The Tol1owing Tindings ara Qon$1d�r�d: �. ihe lev�l of ��rv1cg for the e.�is�1ng t::rBffic on Kuewa Road was dst::ermined as "8." Thi� i.s �sei;l on �he peak hour t:rof'f''!c of 67 oars per hour. Th1:r; lcvol of service represents low densities with no ro�tr1ct1ons due to good traffic condition�. b.The eix1�ting level of serv;ce for the Kuh1o H1Q™OY and Kuawa Roadintersection was determined as 1eve1 of serv1ce· "A." c.Based en an 'increased proJect:ed ra-ca of 170 vehicles per-hoUr. thelevel of service �or Kuawa Road �s de-cerm1ned to be betweenthe 1eve1 of serv1ce "8" and "C." The characteristics: of this.: lc;jvc;,lof service represents stable floui with s::light N;ostriot-fon of driverf'reQdorn. d.ThGi capacity of Kuoiwa Rci5ld was determined lat 1eve1 of ocr-vico "O."This level represent e traffic donoity of 400 to 600 cars per ho.tr. e,_ Ku�Wl' Rood is o privote r-=dwmy with a pave,r,e,nt:: width of 16 -feet. The $�1ders of the. right-of-way 1� C3V*t"grc:iwn with vegetmtion �nd there 2>ra pot hol,;,il;: 2>1Cr'lg tha shoulders of the roadway pavsrnQf'l�. f.io mitigate traffic conc�rn�, �hg App11csnt has 1ndicated tha�K11au� Aqronom1os 1s W1ll'1nc;i t::o improve Kuaw.,., r0€Jd -co rncot: o:,,..n,tysti!lndar-ds. g.1ha Applicant has recently mcqu;red a grent or ecsemen� over KuawaRood from the oc,.r'\er_ 25, 0-_y_!!�t StGnd�rds -1he proposal cornp11g� W1t:h se�back end lo� cover�ge r,aq41r��-of 'Che CO/nprehens1ye Zoriing Ord1nonc=. 1he propos�l nis� comply with off 3-cree� parking roqu1reffi<;lrtt� based on on� s��,, for every 30a �q. ft. of gross floor area of the b..tildings utilized for the Visitor center. Stoff further notes that t:he prooosed observatory deck exceeds ,:he 25 f't. height: max1TIJ.jm as es�abl1shed under the North Shore Oeve1opmertt Plan Ord1nanoe No. 461. §18NDARO§ FOR ISSUANCE OF PERMITS: 26.Us:e P1armit -Section 8-19.1 of the !<CO stat...-i.;:. "TJ--,Q purpose of the use p��mit prccedur9 is to a��ur� thQ proper integr-aticn 1nto the cON'iwn;tyof uses which may bg wuitable only in sp�ciTic loc;et;on� in o district,or OhlY under certain conditi'on!icJ, or only ii' �uch uses Qre designed,�rranged or-oon�vcted in � porticul�r tnohner, ond to prohibit such usesi-f suClh propo,.. intGJgrot;on cannot be a�sur=:l." Seot-fon a-·19 _ 5 of the> RCO -furth�r s,:a�e,:;;:. "A u.o Perm1 t may 6"> gr�n�edc:nly i-f the: p1.,,..,.,;n9 Convn;ssion -finds;: 't:ha'C 1;hQ es,::ab·11ahment:,m.:>inten"'nco, or cp .. 1•i::1tion o-f �hG> can�.::ruo-c-ron, deve·1opmen-c:. e,o,:;1v1t:y of"use -In t:1-"P p<>rticul,!lr case i£ a <;!OfnPJ)l�"l'ble uae and is not: dot,..1mont::,1 to hea1�h. ���P'ty, peace, morals, comfor�. and qenera1 we1fare of per�ons r-iding or working in -che ng1ghborhood o� such Pl"PPoSed u�e. or 8 JAN-24-2007 WED 04:14 PM COK PLANNING DEPT, FAX NO, 808 2418888 P.08 d1s1tr,imental or inJuri01..1s to property and irr,prov�nts;; in the ne-lohbarhood or to tl,g gc;,nqral �,f�re of thg COIT'fl'Un;ty. and will not c�u�g any sL1bs:tl!lnti.rl harmful snvironn,,;,ntal cons:<aquc;mc111s. of the li!Jnd of the App)icant or on other lDnds er waters. �nd will not be incons��tont with tho., ihtent of this Ord;nenc;e e>nd tho Gon�r1:1l Plt1n. 11 27.ClaQs lV Zt:it,ing P•rm;� - Thia App);c�nt ha� m2t the proceduralreq•.d rements: contained ;n RCO Sect;or, 8-1 B. B 1n th-it: a propgrapplioat"ion ti.to; oocan f11ed W1t:h ,:he ��t of api:,ropr'iate fees; -chePlann1ng 01rec,:or has det:ermined ,:hat the proJect, if dovclopeo 1naccordence w1t:h t:he cond1t"for1� ploeed upoa, it, c.:.1, con-form to the�ppl1eoblo CZO Gtondords; the opp11cot1on hos been referred to t� �ppropr��te govarnrnenta1 agencies for cOft'l'(l..nt or �pprcval: and a p<.ib1ic�r�ne, �ubJ,ac:t to tl-,g, �ppropr;�te notice requirements, has been held 1nthis mettl!i'r. 28, SpGIC1al Permit: - P�r� v, sec�1on 5.2 of thl'il SLUC ru1es rel��ing �o Specia'J Perm1t:s zt:ot:e:::, "Ccrt:oin ·unuo'-!ol llnd reosonobl£i • uses w'ith111 AgriculturQl and Rural Districts other than those for which the District is classified moy be permitted," Tha following guidelines ore t,i:Jt�blisheid in tietermining en "unusual and reasonable" use: a."Such use shc\11 no-c be concrary -co t:.he obJ0ct:1ves sought: t:o beaccomp11s.hed by t:he Land Use L�w and Regu1a�ions. b."T�t: t:.he desir,ed use Wct.J1d not: adverse1y effect surroundingproPQrty. c."Such use would not L1nreas;:Of"\ably burdan pUblic <!!lgt;,noi= to provideinfra£t�ucture improvQTIQl'"lts. d."UnU!!lu.-..1 cor,d,tions. trend::1 .,nd needs he,vei ar;:::cr, oince tl-o di!otrictbound�ries and rogulotionz wor0 ostoblished. e."ih21t the land upc:,n which thtA Pl"t:>pc;:;,o;!:ed 1.1s-e -'Is ,;:ought -is uns\.dted -foruse-s permitted y,dth1n the die;trict." 29.ln assess1ng whGther the proposal 1s compatible wi�h and can be1n-cegra�ed into the surrounding nc1ghborhood, tho follow�ng bspects we,-.econ:::"fdorod: a.Nmture of Proposal -Tl.,.;, conc .. pt c:,f tm v-i:o;it<:>1� C'=Klt'e>r ;:e; ta promoteKil�u-A9roncmi�s• �nd C. Brewer a9riculturc1l produotB, ThQproposz-' di�play arga, �naok bar, anci ra�a11 areas w1ll 1'e�turema1nly theGe produc�e and production me�hods. kJ such, the propo:::od .�-use 1s anc111ary to �he ox1��1�g egr1cu1turol use of the 1and. In ..,,.-,,, addition, the hours of oper£itions ore between 9;00 a.m. cind 5;00 p.111, __ _ Since the nearest residE!l17C:e9 is loc:ated 1,000 to 2. ODO feet i:iway from ;,-�·· the project site, minimal ,m�cts frc::m t:he v1s1t:or cent:er are c1nt:ic1i::,at:ed. b.Traf1'1c -We bel1eve 'that t:he concern of inc,..ease 1n traffic bothautc:rnob11es and buses on Kuawa Road a� a rc;1�ult of the.> visitor centarshould t::,Q con�idmrgd. Currently, Ku�wa ROcld is a private ro.ad with apa1vC>rJlClflt width of 16 -feet '8nd there are pot holas �lonc;;i thQ �hou)drari;:of i:h9 roadway pavement. To add,-.esas:i thi� conoc;iri,, ;t is recorrtnendedthat the App1;cant bQ rgquirQd to r�pair Kuawa Ro�d to meet County�tandard� of th<a 15 fg�t widg paVQffiSnt and regrading the shou1de,-.� oft ....... ri Qht-of-way to ,nget Public Wo�ks a�&nd�rds. The App11c�nt sha11gitr.Qr wid�n the Kuawa R�d P�Y�mel"\t to 20 fset ;n width or developan alternate rd'Jte -for v;sitor 6CC6$S to tho vizitor center inconJ�inction w-lth "=ho con.;tructioh of Prose I I o-f ti-re project. JAN-24-2007 WED 04:15 PM COK PLANNING DEPT, FAX NO, 808 2416699 P, 10 c.Duet -Thei i:;oncerns raised on the e�dsting leva·1 and potem:i�l levelcrf dust generoted by troffio along �he unimproved dir� ctrivl9Woy:!-ituoted c:it the end crf 1:t-.e K1.1c1w� Road c:ul-de-:!Soc le;:;iding to t:hepro�� site ::should be addressed. To address -ch1s concern. l't" 1srec:amiended t:hat: t:ha App11cam: should be requlred t:o widen t:ha dirl:'.roadway to 20 feet in w1d�h �nd 1mprova l:'.he surface cond1t:1on byUt:i1izing crushed rock aggregates ccmpacted and covered with a dustretardant surface. Although the use of aspha1tic concrete surfboingfor the drivgway and parking lot may detract from the rural­agr�cu1tur�1 �har�ct�r of the ara�. tre Cormdss;on reserves the rightto require the Apolicant to pave �hese �rQas ��ld tr,c.1 Applicantfail to maint�in trsse �reas or if dust problsms persist as a rasultof tl-lQ viGitor traffic to the facility. �-The requoPted u�e wi11 not b� contrar� to th� L�nd Us� L�w s;nce the concept of the proposed visitor ca,t�r i. to promotQ aQr1cu1-cural produotg gra.-.n on the property wh1ch 1s cons1stent w1th the goals and obJec:tives of the L�nd Use �w enQ Re<.;1ul�t1on3- b.,he proposed use w;11 not generate adverse impact� to �urrounqingprop,arti-pravidQq conc�rn� of trcffic �nd �ssoc;�te,d dust aremiti13ated. c.The r'1ques-,; w111 not unrei!lsonably l:lurdsn public agencies to provic!aroads and streets, sewers, water, drainage end school 1mprovements,or pol1co and f1ro protection, ti-No unu::;ual conclit,on:e1, treind:s, tind ne�d:.! l,c:tVl!I aris� sinc:;e the district boundaries and regu1otions were established. The praPOSel is in response to the need to promote and rM1nta1n the agricu1tur�l viability an the island of Kaua1 and State qf Hawai1. RULINGS a'11 EVIOl;NCE: 31.For the purpose of this pr=eeding, the Corrmission takes Judicial noticeof the entirQ contents of the Department files for u�Q PQrmit U-88-23,SP'iJCial Permit SP-88-3. Clas6 IV Zoning Permit Z-IV-88-28. the K&uaiGliltl�r�l P1an, thliz North Shorg OlilVQ1opmgnt Plan. OrdinancQ Ne. 164 as3mended (CZO). and the State L�nd Use COtrm1ss1on Rules �nd RQgUl�t1ons_ BtJLINGS � PROPOSED FINDINGS. 3:Z. e_ee 1,c:.eint 'g. P...-c>e;:>Jl':..od F-fnd-fng"', a.The Corrtnission rejects �ha ApplicBnc's proposed findings Nos_ 1-13 r(,-nclu:siVe). 15. 1a. 18-31 (;nc1usive). 33 'CO 113 (-inc'lusive) on -cho -�·-·grounds thot thsy ore covsred under tho Cocrmission 1 s Findings of FactN�. 1-11 (;nc1usive), 12, 16, 17, 18, 19, 21, 22, 24, 25-29(inr:::lwsivsi). b.Ths corrm1£�ion rqJQc'C� 'Ch<i' App11can-c's propos9d F1nd1ngs No. 32 on-,;ha grounds 'Cha'C -che s'Cateo,gnc 1s 1rre1ev�nt. c.The eorrtnis�ion adop'Cs and hereby incorporates the App71cont•�propo�ed F1nd1ngs No�. 14 and 1�, 1n their �t1roty �nto theCOl'IYll1��1on·� a� followz: Appl1cont•� Findings Nos, 14 ond 17 ore tobe incorporated after the last parograph or Corrnission's FindingsNo. 11, �nd s�ll bCJCotne � p�rt tm��o�. 8 JAN-24-2007 WED 04:15 PM COK PLANNING DEPT, FAX NO, 808 2416699 33.ln�erveners' Proposed F�ndings! a.The Corrtn1ss1cr1 reJects the Intervener's' propa,c.::-2d Findings Nos:. 1-13(inclusive). 14-ai, 14-b, 1d--c, 16-c, 15-d, 15-h. 15-k. 15-p, 15�.16, 17, 18, 19, 23, 25, :i1nd 26 on the �£1$: that thGy are coveredund1:1r, ttwi Ccmnissi011's Findingc: of fact Nos. 1-11 (inclusive), 13,14, 15, JS, 20, 21, 24, 25, 26, �8. 29-e. 29-b, �nd 29�. P, 11 b. The Co,rr�;s8ia� rojects the Intarveners' propo,,:gd Findings Nos. 15-a,15-b, 15--�, 1s-;, 15-J, and 15-1 on tm b4.sis that th,as.,e �tatlRfJlQntswere not su�tant:i .. ted by tl-E evidence. �. T� Cc:.;rrm;ssion reject� th<.i lntgrvi;iners' proposed F1ndings No. 13-e on the basis tl;;st t� t01.1::imony of Mr. Dennis Shiu. a '1-ic::en:!:od c1v11· J:nginli>Qr, ha� greatar WG1gh� or persu�sion re1et1v� �o the level or sorv1ca for Kuawa Road. d.The CO"t'M1�o1on raJects the Interveners' proi==,a:�cl Find;ngs No, 15-g onthe oos;s that the fir�t 1=><>rt cf ti--B f;rGt Gan�ar,cg i� covered underthel Cc::mn,sGion'G F;ndin9s of f�c-c No. 13, and �he balance ofst:11t6'!Tl811,:� hat; nol: beer, es1:abl 1shecl, e.The corrm1ssion reJecto tho lnterveners' proposed Find1ng� Ne. 15-m ontho bo�1s th-:lt the st�tement is not Fin�ings of F�ct and appears LObe Qr�ument. f.The Ccmnissicn reJec-cs -cha Im:erveners• proposed F1ndings No-15-n enthe bas1s "tha-C �he f1rst; sect:1on is irre1evanc and t:ha rerna1n1ngscatemencs is not: a Findings of F�c-c bl.le appears t:o be a concern oft:he Int:erveners_ g.Tre Ccmnissio, rejects the Interveners' propo,;;�d Find;ngs No. 15-o a,the basis tat thia ·Fir�t ��,tenc8 is irrelev.!lnt �nd the remainina�tat�t is not � Finding of Fact but ap�r� to bc;i rQccrrmendation. h, Th,;, Coom-'f:;;gion r8)1XJts the lnterveners' proposed F;nding::: N=. 20 �nd 21 on the basis that a market study ;5 not rOQuired by the county ordinance or ru1e, ond on ElS "Is not required by stat"' law. ;_ The Com-1\i�•ion raJ�ts ths Intervensrs' propon�d Findings No. 22 on tt-P- bais1s that the -f1r,,.-c: s:aan�(;ll'10c.t 1s: 1rrelsvant as cha proposa'l i� not aimed ac accomnodatinq only ,:he taur1s� 1nduscry, �nd tho �=or,d isent:ence 1s also reJected Oh che basis .;hr.--,"I:" 1t:: �� cov<3roo Uhder the Corrmission'a F;nd1ngs of F�at No. 29-b. J.The CCflTT\;ss;on rejects th� lntwr�sr�• proposed �1nd1ng� No, 24 onthe> �,,.;,s t�t the North Shore Developm,;rnt Plan ha� not: designatedlocaticns ,-or £u�h �rking and for such veh1cul�r �r�ve1 for K1louoa. k.The Cami1ss1or, rejects "t:he f1r:st �ect:ion� of �ha lhterveners T propo�ecl P1nd1ngs Nos. 27-�, 27-b, 27-o, 27-d, and 27-e, on the basisthat they ere covered under the COOTI1i�siot,'s findings of Fact Nos.2a-a. 28-b. 28-c, 28-d, 28-e. The ca-rm1ssion reJeocs all rema1n1ngsection of lnterveners' proPosed F1nd1ngs Nos. 27-�. 21-b. i1-c.27-d, and 27-e, on the bas1s thcit the scat:ane.ncs are notsubscant:1ated by Lhe ev1dence or const1tutes arguments. CCTIICLUSICX'JS OF LAW The Corrmission finds upon the cl�ar propondgr�nce of the evidence that subJect to the conditions imposed !-uilr�in, the Appl;cant's raqusst for Spooial Perm;t Use Permit and Class lV Zoning P�rmit sacisfies a11 the legal requi�ts_cont�inscf in thi? CZO, �nd State La�d Use Rules and RG,Qulat;ons. g JAN-24-2007 WED 04:15 PM COK PLANNING DEPT, FAX NO, 808 2418888 P, 12 OECISION AND ORDER IT IS HEREBY ORDERED thut tha appl;cation by K;laueaa A�ronomic, Ina. tor Speci�l P�rm;t SP-88-3, Use Perm;t U-88-23, und Cle�� LV Zon1ng Pgrm1t Z-IV-88-28 to develop e vi�itor center on ap�rcxirrv.:tt2ly 12 acrg� of landidentified by TMK: 5-12-1?: Por_ 14, loc::qt'l!d in Ki1au�a. Kauai be approvedsubJsct to the rollowing condition�: 1.The Applic�nt 5hc,11 repair Kuawa ro�dway ,:o meet tr-e County.st�nclarde: o-f 16 -f,;,�t w1de pavemt:?ni: and regrade the shouldc;,rs of theright-of-way of Kuewa Roed to l'Tleet Pub1 ic \1/orks stl!lndards.. TheApplioent 5haill o1ther wiaen �h� Kubwa Road pavern�nt to 20 feet inwidth or d�ve1op �n �ltern�te route for v1sitor acce5S �o thevisitor c...-iter in conJunction w1th the construc�10h of Prose II ofthe project, 2.Thlil Appl1cant: sm11 w1dc:n the un1mproved tjirt driveway si�u�ced att::he end of-the Kuowq Rood cul-dl9-:51:1c:, to the proposed s1t:e, .:a '20feet 1n Width ahd improv� the surface cond1c1on of thi.i dr1veway with crushed rocl,; oggregate canpacced and caver-�d w1t:h a dust ret:ardar,t�urfece. 3.lhe Appl1cam: shall pi-,ovide a-c least nnmrrum number of off streatparl<1ng st:a11.s besed on t:he CZO standard.... Th"' number of ,.;t:a11s are, t:o b13 dat:errn1ned when more detail�d plans !!\re i;;ubrnittoo. The park1nQ 1ot sha1'1 also br.,i :;:uri'aced with cr,ush<:Kl roc:k agqregates ond covered with i!I dui;:t rG.ttmrdttnt: rn;at..,rial. l.l. Th!i! Com:nie.1oicn rg$.grves th� right t:o require the Applic�nt to pave th<.l Pc)rking lot and driveway should dust prob1�1T'«' �ere:ist: aa � result of the v;�itor trofric to the r�cility. 5.ln occordi!lnce witch Ordin.,.nci;, no. 396, t:he APPl"ic:ant: ,;ihe11 l!)Ubtnit on&,viroi-,m,i;,,-,tal Impact As:s:l;ls:i;mgni:; Fee of $100 per t:h� required num�rof park;ng -�a71� pr1or ta bui1ding perm1t opplicotion- 6.The hou�s of ope,ret:ion are 1im1ted to 9cOO �.m- to 5:00 p.m. 7 daysa Week. O<;;cc:,s-ton1:1l special after hour -Functions are pormi�-ced. TheAppl1o�nt: �hol1 hotify the Plannin� Oer:,artmen� 1n adv�ncs o� such=,p=1ol funct;ons. 7.Tre profX'sed obs.1,1rvatory deck sha 17 not exc;ceq the 25 1'-1::. hc=ightrnax-fm.lm tis sst:.abl 1shed by che Nor-th Sho1�e DevelOl'.)n11l!f1t Pl�nOrd1nanc�, Plans 3hc:lll bo revised to comply with the requ1remen�pr-ior �o bU1ld1ng permit appli�ation, e.5::lle of items in the snaak bar shall be restr1cced -co -chose listedin the pe-tition docurrent suoh as guava. gu�va by-products. otheragrioultural products including papaya, banana. rnacadami� nwts, andother croo1cal fruits. Bales in the Exhibit anq Marketing Pavilion shall be limited topromotional pro:lucts such as hat� and tee shirts w;th guavo relotedlogos: and other tropical prodllct:s such as sugflr, pine;:,.pple, coffe.s.macadamia nut� and other future C-Brewer ogr➔c::ultural product�. g, Ph�sB l of the project shall be completed �nd �poor�ting w;thin 1-1/2 ys.:irs fl'"cm the dote of .::ippr-ovo1 of the ,a,:ubJc,c;t permits. Phacg 11 sh.l\11 bo complete,d c:,r,d operot;ng within 2 ye..,rs of t:h,;, comple"t:1on of Phr.lse J. ond Ph.::isa III shall b� c::omp1eted and opgra�1ng within 5 ye�rs from the d�t:e of a�pr-ov�1 of tre subJqc� permit:s_ 10 JAN-24-2007 WED □4:16 PM COK PLANNING DEPT, FAX NO, 808 2416888 P, 13 '. -....... \ 10.Requirw=t� of tha State Heo1th Department, County Wa�er �nd Publ;c11/orl� Departments she11 be resolved with tha raspec;t:ive agencies. 11.ihe App11cont 1s ��v-ised that pr1or to ond/or during cons�ruction�nd use, ad�iticnal government �9cncy cond1t1ons may be 1mposed.It sroll b� th� Applicant's responsibility to rEoolve these coriditionswith the rec:pgotive agency(ies). BY ORDER OF THE PLANNlNG COMMISSION, the forggo1ng subJ�ct perm1t� �re �reb� �pproved by o_-4 __ to 0 vo�e (2 abs�a��ions, 1 �l:>!;:gnt) taken �t �ha March 23. 1988 Pl�nning COlml1Ss1on meeting as �ollowso: FOR: Sialana FuJit:a Matsunura Cost& 11 AGAINST: 0 Wayne Katayama Chau- Jan Kimura Vice-Chair Hartwell Blake Herman Texeira Amy Mendonca John lsobe Members JUN 21 2013 . . Clnis Jaeb·Living Farms, LLC2727 Kaupea RoadKilauea, HI 96754Subject: Dear Mr. Jaeb, I PLANNING COMMISSION County ofKaua'i, State ofHawai'i 4444 Rice Street Kapule Building, Suite A-4 73 Lihu'e, Hawai'i 96766-1326 TEL (808) 241-4050 FAX (808) 241-6699 Amendment to Class N Zoning Permit Z-IV-88-28 Amendment to Use Pe1mit U-88-23 Amendment to Special Pennit SP-88-3 Applicant -Living Fanns, LLC Tax Map Key: (4) 5-2-017:014 Kil.auea, Kaua'i Michaeli .CQfY Clerk of the CQI!w;w.i· ;£i'.Q1-·-;i....---l This letter memorializes the action talcen by the Kaua'i Planning Com1nission effective June 12, 2013 concerning approval of amendments to Class IV Zoning Permit Z-IV-88-28, Use Permit U-88-23, and Special Pe1mit SP-88-3. The approval _by the Planning Commission is subject to thefollowing conditions:1.The Applicant shall repair Kuawa roadway to meet the County standardsof 16 feet wide pavement and regrad� the shoulders of the right-of�wayKuawa Road to meet Public Works standards. The Applic!ffit shall eitherwiden the Kuawa Road pavement to 20 feet in width or develop analternate off-street pedestrian route for visitor access to the visitor centerin conjunction with the construction of an additional 1200 square feet ofthe project area.2.The Applicant shall widen the unimproved dilt driveway situated at theend of the Kuawa Road cul-de-sac, to the proposed site, to 20 feet in widthand improve the surface condition of the driveway with crushed rockaggregate compacted and covered with a dust retardant surface.An Equal Opportunity Employer V:\1988 Master Files\Regulatory\Zoning Permits\Clas EXHIBIT "C" L Common_ Ground...Amendment.docx 3. 4. 5. 6. 7. 8. COPY The Applicant shall provide at least minimum number of off street parking stall based on the CZO standards. TI1e number of stalls are to be determined when more detailed plans are submitted. The parking lot shall also be smfaced wifu crnshed i:ock aggregates and covered with a dust retardant material. The Com.mission reserves the right to require the Applicant to pave the parking l9t and driveway should dust problems persist as a result of the visitor traffic to 1he facility. In accordance with Ordinance no. 396, the Applicant shall submit an Environmental Impact Assessment Fee of$ I 00 per the required number of parking stalls prior to building permit application. The-hours of operation are limited to 8:00 a.m. to 9:00 p.m., 7 days a week. Special after hour functions are permitted, with no more than four (4)special after hour functions pennitted per month. Special functions shall be limited to no more than 200 guests. Each special function shall cease no later than 10:00 p.m., and those attending said function shall vacate the property by 11 :00 p.m .. The Applicant shall notify the Planning Department in advanc& of such special functions. Noise generated at the food service operation and/or during permitted after hour special functions shall not exceed S 5 decibels { dB A) at the property line. The proposed observatory deck shall not exceed the 25 ft. height maximum as established by the North Shore Development Plan Ordinance. Plans shall be revised to comply with the requirement prior to building permit application. Sale of items, including but not limited to the primary dishes, at the food service operation or during any of the special after hour functions shall be restricted to agricultural products grown and/or raised and/or produced on the subject property; additional foodstuffs from offsite, preferably from Kaua'i or the state of Hawai'i, may be utilized in products and/or dishes. The Department shall determ ine those offsite food items that may be used at the onsite food service operation to ensure that the opC:?rations are in keeping wi�h the intent of the farm-to-table and farm-to-shelf spirit of the subject perm.its. Sales in the Exhibit and Marketing Pavilion shall be limited to promotional products such as hats and tee shirts with the subject property's farm related logos and other tropical products such as sugar, pineapple, coffee, macadamia nuts ·and other future agricultural products that are grovvn on the subject property or that are in keeping with the promotion of Kaua'i Grown and/or Hawai'i Made products . The Department shall determine those offsite produced products that may be An Equal Opportunity Employer sold at the Exhibit aµd Marketing Pavilion to ensure that the operations are in keeping with the intent of the from-to-table and farm-to-shelf spirit of the -subject permits. Both food service and sales of products shall be limited to ground sto1y operatio11S. 9.Completion of the project shall be attained by May 31, 2018.10.Should this owner or any future owner violate the subject permits·,conditions .of approval, and the owner fails to rectify these violations in atimely manner, the subject permits can be subject to revocation and theowner to civil and criminal prosecution.11.The Applicant shall provide an annual status i·eport to the PlanningDepartment. 1bis report shall address the subject operations' confom1anceto the conditions of approval.12.Requirements of the State Health Depru.tment, County Water and PublicWorks Depa1tments shall be re�olved with the respective agencies.13.The Applicant is advised that prior to and/or during constrnction and use,additional government agency conditions may be imposed. It shall be theApplicant's responsibility to resolve these conditions with the respectiveagency(ies).Sincere! Yours, \\f MICHAEL A. DAIDLIG Clerk, Kaua' i Planning Commission xc: County-Public Works, Fire, Water, Finance-Real Property Division State -Health, Historic Preservation Division-DLNR An Equal Opportunity Employer (' Donna Apisa Chair Michael A. Dahilig Clerk of the Commission Glenda Nogami Streufert Vice-Ch.air KanoeAhuna Roy Ho Kimo M. Keawe Sean Mahoney Members PLANNING COMlVIISSION County ofKaua'i, State ofHawai'i 4444 Rice Street Kapule Building, Suite A-473 Lihu'e, Hawai'i 96766-1326 TEL (808) 241-4050 FAX (808) 241-6699 , AUG 1 0 2018 Chris·Jaeb Living Farms, LLC 2727 Kaupea Road .Kilauya, HI 96754 Subject: Amendment to Class IV Zoning Permit Z-N-88-28 Amendment to Use Permit U-88-23 Amendment to Special Permit SP-88-3 Applicant-Living Hums, LLC Tax Map Key: (4) 5-2-017:014 KIiauea, Kaua'i Dear Mr. J aeb, This letter memorializes the action taken by the Kaua'i Planning Commission effective May 22, 2018 to amend condition No. 9 to allow a five (5) year extension to complete the project. The extension of time shall be granted until May 31, 2023. I.The Applicant shall repait Kuawa roadway to meet the County lltandardsof 16 feet wide pavement and regrade the shoulders of the right-of-wayKuawa Road-to ip.eet Public Works standards. The Applicant shall eitherwiden the Kuawa Road pavement to 20 feet in width or develop analternate off-street pedestrian route for visitor access to the visitor centerin conjunction with the construction of an additional 1200 square feet ofthe project area.2.The Applicant shall widen the unimproved dirt driveway situated at theend of the Kuawa Road cul-de-sac, to the proposed site, to 20 feet in widthand improve the surface condition of the driveway with crushed rockaggreg&te compacted and covered with a dust retardant surface.An Equal Opportunity Employer V:\1988 Master Files\Regulalozy\Zoning Pcmiits\Class lV\Z-IV-1988-28\Amcndcd Approval-! KH_6.12.13_Common_Ground_Amendmentdocx EXHIBIT "D" . , Living Fanns, LLC, Applicant Class IV Zoning Permit Z-IV-88-28-10 Use Permit U-88-23 Special Permit SP-88-3 Page2 3.The Applicant shall provide at least minim.wn number of off street parkingstall based on the CZO standards. The number of stalls are to bedetermined when more detaile_d plans are submitted. The parking lot shallalso be surfaced with crushed rock aggregates and covered with a dustretardant material.4.The Commission reserves the right to require the Applicant to pave theparking lot and driveway. should dust problems persist as a result of thevisitor traffic to the facility.5.In accordance with Ordinance no. 396, the Applicant shall submit anEnvironmental Impact Assessment Fee of $100 per the required number ofparking stalls prior to building permit application.6.The hours of operation are limited to 8:00 am to 9:00 pm, 7 days a week.Special after hour functions are permitted, with no. more than four ( 4)special after hour functions permitted per month. Special functions shallbe limited to n"o more than 200 guests. Each special function shall cease nolater than 10:00 pm, and those attending said function shall vacate theproperty by 11 :00 pm. The Applicant shall notify the Planning Departmentin advance of such special functions. Noise generated at the food serviceoperation and/or during permitted after hour special functions shall notexceed 55 decibels (d.BA) at the property line7.The proposed observatory deck shall not exceed the 25 ft. heightmmd.mum as established by the North Shore Development PlanOrdinance. Plans shall be revised to comply with the requirement prior tobuilding permit applicat�on.8.Sale of items, including but not limited to the primary dishes, at the foodservice operation or during any of the special. after hour functions shall berestricted to agricultural products grown and/or produced on the subjectproperty. Additional foodstuffs from off site, preferably from Kaua'i or thestate of Hawai'i, may be utilized in products and/or dishes. TheDepartment shall determine those offsite food items that may be used atthe onsite food service operation fo ensure that the operations are inkeeping with the intent of the farm-to-table and frum-to-shelf spirit of thesubject pennits.Sales in the Exhibit and Marketing Pavilion shall be limited topromotional products such as hats and tee shirts with the subjectproperty's farm related logos and other tropical. products such as sugar,pineapple, coffee, macadamia nuts and other future agricultural products Living Farms, LLC, Applicant Class IV Zoning Permit Z-IV-88-28-10 Use Permit U-88-23 Special Permit SP-88-3 Page3 that are grown on the subject property or that are in keeping with the promotion of Ki:!-ua'i Grown and/or Hawai'i Made products. The Department shall determine those offsite produced.products that may be sold at the Exhibit and Marketing Pavilion to ensure that the operations are in keeping with the intent of the farm-to-table and farm-to-shelf spirit of the subject permits. Both food service and sales of products shall be limited to ground story operations. 9.Completion of the project shall be attained. by May 31, [�] 2023. 10.Should this owner or any future owner violate the subject permits' conditions of approval, and the owner fails to ·rectify these violations in atimely manner, the subject permits can be subject to revocation and theowner to civil and criminal prosecution. 11.The Applicant shall provide an annual status report to the PlanningDepartment. This report shall address the subject operations' conformanceto the conditions of approval. 12.Requirements of the State Health Department, County Water and Public Works Departments shall be resolved with the respective agencies. 13.The Applicant is advised that prior to and/or during construction and use,additional government agency conditions may be imposed. It shall be theApplicant's responsibility to resolve these conditions with the respectiveagency(ies ). Sincerely Yours, xc: County -Public Works, Fire, Water, Finance-Real Property Division State -Health, Historic Preservation Division-DLNR COM MON GROUND August 31, 2022 County of Kauai Planning Commission 4444 Rice Street SuiteA-473 Lihue, ID 96766 Subject: Amendment to Class IV Zoning Permit Z-IV-88-28 Amendment to Use Permit U-88-23 Amendment to Special Permit SP-88-3 Tax Map Key: (4) 5-2-017:014 Kilauea, Kaua 'i Dear Chair and Fellow Planning Commissioners, The Kaua'i Planning Commission took action on May 22, 2018 to amend condition No. 9 to allow a five (5) year extension to complete the project -therefore extending the time granted until May 31, 2023. The Applicant humbly submits this annual status report to address the subject operations' conformance to the conditions of approval. 1.The applicant shall repair Kuawa roadway to meet the County standards of 16 feetwide pavement and regrade the shoulders of the right-of-way Kuawa Road to meetPublic Works standards. The Applicant shall either widen the Kuawa Road pavementto 20 feet in width or develop an alternate off-street pedestrian route for visitor accessto the visitor center in conjunction wit the construction of an additional 1200 squarefeet of the project area.See Applicant response to Condition Nos. 1 and 2 below. 2.The Applicant shall widen the unimproved dirt driveway situated at the end of theKuawa Road cul-de-sac, to the proposed site, to 20 feet in width and improve thesurface condition of the driveway with crushed rock aggregate compacted and? . � / covered with a dust retardant surface.. tf'./t: 4900 Kuawa Road Kilauea, HI 96754 EXHIBIT "E" The widening of Kuawa Road pursuant to Condition Nos. 1 and 2 has been fulfilled. The Applicant engaged Maui Kupono Builders to widen the road to 20 feet and roadwork was completed in 2019. The Common Ground property road has already been widened to 20 feet. Please see attached memo to Ka'aina Hull dated October 9, 2019. 3.Applicant shall provide at least minimum number of off street parking stall based onthe CZO standards. The number of stalls are to be determined when more detailedplans are submitted. The parking lot shall also be surfaced with crushed rockaggregates and covered with a dust retardant material.So noted. The Applicant will observe these requirements. 4.The Commission reserves the right to require the Applicant to pave the parking lotand driveway should dust problems persist as a result of the visitor traffic to thefacility.So noted. The Applicant will observe these requirements. 5.In accordance with Ordinance no. 396 the Applicant shall submit an EnvironmentalImpact Assessment Fee of $100 per the required number of parking stalls prior tobuilding permit application.So noted. The Applicant will observe these requirements. 6.The hours of operation are limited to 8:00am to 9:00pm, 7 days a week. Special afterhour functions are permitted, with no more than four (4) special after hour functionspermitted per month. Special functions shall be limited to no more than 200 guests.Each special function shall cease no later than 1 0:0Opm, and those attending saidfunction shall vacate the property by 11 :00am. The Applicant shall notify thePlanning Department in advance of such special functions. Noise generated at thefood service operation and/or during permitted after hour special functions shall not,/J //exceed 55 decibels (dBA) at the property line.{/,/I( 4900 Kuawa Road Kilauea, HI 96754 So noted. The Applicant will observe these requirements. 7.The proposed observatory deck shall not exceed the 25 ft. height maximum asestablished by the North Shore Development Plan Ordinance. Plans shall be revisedto comply with the requirement prior to building permit application.So noted. The Applicant will observe these requirements. 8.Sale of items, including but not limited to the primary dishes, at the food serviceoperation or during any of the special after hour functions shall be restricted to_agrioultural products grown and/or produced on the subject property. Additionalfoodstuffs from offsite, preferably from Kaua' i or the state of Hawai' i, may beutiliud in products and/or dishes. The Department shall determine those offsite fooditems that may be used at the onsite food service operation to ensure that theoperations are in keeping with the intent of the farm-to-table and farm-to-shelf spiritof the subject permit.Sales in the Exhibit and Marketing Pavilion shall be limited to promotional products such as hats and tee shirts with the subject property's farm related logos and other tropical products such as sugar, pineapple, coffee, macadamia nuts and other future agricultural products that are grown on the subject property or that are in keeping with the promotion ofKaua'i Grown and/or Hawai'i Made products. The Department shall determine those offsite produced products that may be sold at the Exhibit those offsite produced products that may be sold at the Exhibit and Marketing Pavilion to ensure that the operations are in keeping with the intent of the farm-to­table and farm-to-shelf spirit of the subject permits. Both food service and sales of products shall be limited to ground story operations. So noted. The Applicant will observe these requirements. 9.Completion of the project shall be attained by May 31, 2023.So noted. The Applicant will observe these requirements. Please see Exhibit A: Building Perm.it Status Report. &� 4900 Kuawa Road Kilauea, HI 96754 10.Should this owner or any future owner violate the subject permits' conditions of approval, and the owner fails to rectify these violations in a timely manner, the subject permits can be subject to revocation and the owner to civil and criminal prosecution. So noted. The Applicant will observe these requirements. 11.The Applicant shall provide an annual status report to the Planning Department. This report shall address the subject operations' conformance to the conditions of approval. Applicant submits this report to satisfy Condition No. 11. 12.Requirements of the State Health Department, County Water and Public Works Departments shall be resolved with the respective agencies. So noted. The Applicant will observe these requirements. 13.The Applicant is advised that prior to and/or during construction and use, additional government agency conditions may be imposed. It shall be the Applicant's responsibility to resolve these conditions with the respective agency(ies). Oliver Niedermaier CEO So noted. The Applicant will observe these requirements. CG Investor Holding LLC/Common Ground 4900 Kuawa Road Kilauea, HI 96754 EXHIBIT A: BUILDING PERMIT STATUS REPORT Phase 1: BP19-1901-Ag Building (Includes Bathroom)Status: Approved BP19-2401 -Kitchen DemoStatus: Approved BP19-2479 -Kitchen and Trellis ShellStatus: Approved BP19-2479 -Kitchen and Trellis Tenant Improvement Status: In Review/ Approval pending food application fee processingPre Phase 1 BP19-887 -Maker Space DemoStatus: Approved/ Complete Action: Holding BP19-1599 -Re-roof of Ag BuildingStatus: Approved Action: Holding Post Phase 1: BP19-1842-Welcome PavilionStatus: Unapproved Action: Holding for resubmit BP19-2066 -Private Dining RenovationStatus: Approved BP19-2067 -Office RenovationStatus: Approved BP19-2403 -Ag Building Events Space � A �Status: Approved � � 4900 Kuawa Road KIiauea, HI 96754 t KUAWA ROAD-BEFORE PAVING PHOTOS KUAWA ROAD-BEFORE PAVING PHOTOS KUAWA ROAD-BEFORE PAVING PHOTOS KUAWA ROAD-AFTER PAVING PHOTOS KUAWA ROAD-AFTER PAVING PHOTOS KUAWA ROAD-AFTER PAVING PHOTOS KUAWA ROAD-AFTER PAVING PHOTOS KUAWA ROAD-AFTER PAVING PHOTOS DEPARTMENT OF PLANNING THE COUNTY OF KAUA'I DEREK S. K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR AUG 2 0 2019 Ian K. Jung, Esq. Belles Graham Proudfoot Wilson & Chun, LLP. Watumull Plaza 4334 Rice Street, Suite 202 LThu'e, Hawai'i 96766 Subject: Proposed Site Plan Modification Class IV Zoning Permit Z-IV-88-28 Use Permit U-88-23 Special Permit SP-88-3 Tax Map Key: (4) 5-2-013:012 (Portion) Kilauea, Kaua'i CG REAL ESTATE LLC., Applicant KA'AINA S. HULL DIRECTOR JODI A. HIGUCHI SA YEGUSA DEPUTY DIRECTOR Belles Graham LLP The department in receipt of your correspondence dated May 1, 2019 regarding proposed modification/reconfiguration of the Site Plan for the project referenced above. Based on the representation that there will be no net gain of square footage to the overall project area, the department has no objections to the proposed modifications. However please be cognizant that the Applicant is still subjected to the requirements contained in the Planning Commission's approval letter dated August 10, 2018 that amended Condition No. 9 of the subject permits that allowed a 5-year extension to complete the project. Condition Nos. 1 & 2 of the permits require the Applicant to improve Kuawa Road to comply with County roadway standards and the department would like for you to provide an updated status on its completion in order to facilitate the project as represented. I If you have further questions, please feel free to contact project planner Dale A. Cua of my staff at 808.241.4050. Aloha! KA'AINA S. HULL Director of Planning www.kauai.gov 4444 Rice Street Suite A473 • Lihu'e, Hawai'i 96766 • (BOB) 241-4050 (b) • (BOB) 241-6699 (£) An Equal Opportunity Employer V,\1988 MOiier Files\Regul,10,y\Zoning Permils\Clou IY\Z-IV-1988-28\P,ojeil Modilicolion 20 EXHIBIT "F" Agriculture --....... 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I I EXISTING BUILDING 2 r---·------------· ---··--·-------, Ji ,;,.i: .-- I j ·! - . 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Q<D <( a: a, 0 a..<{ = 3: <{ N <{ 3: 'w ::i<t: ::,::I ID<{ NW �::i '<t 0 a,<{ � '<t :::! 0 ::.:: � _J :'? w1--s ISSUED: FIRST FLOOR PIAN SCALE: AS NOTED JOO HUMBER: 201X_XX. SHEET: A2.2 ' "' �\,- o l ' : .. ,_,,- EXIITIIIO OHICt IIUJL011fO ,.,--PHOPOSED AORICIJLTURA!. J!�OOI I"­ / DISPLAY PAVILLION , • � �EVlSEp f=x#rl5iT t0' i;;/3/r� ·,• I, -1 .. '-1. l� ,�!��"' "· 1� i* � ·i a � r----"'� ,\ �� --::,�·.,.•"" --,_ Jl!ii Jjl! :!lit I�il!it!� iJ;t;r,1; tH! � �'�i ormt� .. _. y·::n:-�. �!Ql._� t1i --··ma . ll>J I n ,...-f,11.�-&,,.,JJ � �1 U:.:r 1:r.: ·-en' !tit &/!W 1 H(i 3 \.....e,,e l'03T 'NP-E AST -5LEVATIC!"! SotlDiNq Z.. :: E:..x:is;l Hf-} A fp�oVW., NdT (3uu .. T !lid.. .�l�1�'---��oa.sFn 1 •!170,t>.' .:hj} ii.1:� p1,r-'"a..il7 .. �[m!HU P.f-oft?Spp R7(:! 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'. l a . - --='-"' ··•··r 'lY . , i . • .. -',I,,- " 1 EXHIBIT ., -�·i '\_ •. �=--t\ 'vA 1 m "SI�! PLAN '\. . � lilll7 ... � !r--7""- . � K - ' �ECTION '� .· '.t.J,: ,: ·�--= ,: .. --··?#' � k �; "::i; ,-. . . . -���t�f-t�r:��- •. ., --�,�//� T�SWORKWASPREPARE0 1 · BY ME OR UNDER MY SUPERVIS(ON AND CONS)'RUCTtON OF! THIS PROJECT WILL BE Ul-lOERMY OBSEF. ✓ATION 'E:xiSTt Hf.j coMf:?tTloN.5' _,,,- Ell8TIIIO Ol'PICf BUILDlltO ,.,..PROPOSED AORICIJLYUR�L ,,--DISPLAY l'AVILLIOH LEG-END PHASE I : BL.DG. 1 'SO\(.. TBLDG. 2 �u1L.""'f PHASE II : BLDG. 3 P�f .... si;;p PHASE Ill: BLDG.4. S-S--1/. �lC--I '\OP -. / DLUI ., IJd ltlllll • '< � '.::,, Rf=VisEc EXHIBIT e FLOOR PLA s;- 3 1.3 TH-IS. W0Rl'; WAS PREPARED _' BY ME O'R UNDER MY SUPERVISION AND CONSTRUCTiON OF THIS .PROJECT y\llLL BE= U!-!t'.IER l',IIYOBSEj;..✓A'TICN · • • f::Xt�TfN .,� .. t?-JTlol'-ls ... :::�;�:. . , I , .. f • I -----..:_ . 10/12/.22, 2:17 PM Mission I Common Ground Marketplace TOPICS v SHOP C O M M O N VISIT v ABOUT v G R O U N D • • m1ss1 Shareit @CD@ We use food, the great connector, to find common ground. Common Ground is building the farm of the future, where do­ ers, thinkers and changemakers come together to redesign key elements of our food systems and ignite a global shift toward a regenerative system. EXHIBIT "I" We do this by investing in a circular economy of food and beverage bus inesses, developing a media and policy platform, "I • • • • ,.. • • • 'I .• https://commongroundkauai.com/mission . 10/12/22, 2: 17 PM TOPICS v SHOP VISIT V ABOUT V Mission I Common Ground Marketplace COMMON GROUND Building Common Ground Common Ground takes root in sites of stunning beauty and distinctive history. We seek rich, vital, and diverse communities. We tap into unique natural ecologies to realize a vision for the future sown into the land's past. Our vision is to shape human ecologies in harmony with the environment, connected beyond their natural borders. We begin with place ... It is here, on the north shore of Kaua\ that sets the table for conversations and interactions about how we eat, how we connect, how we solve challenges, and how we leave a better future for this planet. Common Ground thrives on a former sugar plantation and guava farm, nestled in an amphitheater of natural beauty. These stunning grounds provide the stage for us as a movement-a human-centered collective of conscious communities with a self-aware and sustainable relationship to the land. Through a lens of both local practices and global perspectives, our campus becomes a platform where intersections can ignite passions and purposes that ripple outward from our immediate circles. https://commongroundkauai.com/mission 2 . 10/12/22, 2:17 PM TOPICS v SHOP VISIT V ABOUT V Mission J Common Ground Marketplace COMMON GROUND age-old traditions of food have a tried-and-true ability to bring a diversity of people-presidents, artists, dishwashers, farmers, movie stars, kama'aina (locals), and visitors-literally under the same roof. As one of humankind's most basic needs, food provides a space to imagine solutions. Because rethinking, altering, and optimizing our relationship to the economics of food is paramount. We know structural shifts in the business of food are needed to realize these benefits. Common Ground aims to do this by connecting players along the value chain of food supply. We can fortify this bond of great connection through food, to bring phenomenal people here, showcase food innovation and community innovation, and prove how societies can find common ground. We also want to think about connectivity in a world that is burdened by divisions. By unifying art, technology, world-class thinkers, and thought­ provoking events dedicated to the future of food and society, we can heal, sustain, and innovate ways toward understanding and mutual support. The draw may be food, but the scope of Common Ground is nothing short of building global communities to change the world. The seeds of community Common Ground finds community through its team of neighbors, farmers, small businesses, and government. Through these collaborations, ideas grow into real solutions. https://commongroundkauai.com/mission 3 • 10/12/22, 2:17 PM TOPICS v SHOP VISIT V ABOUT V Mission I Common Ground Marketplace COMMON GROUND regenerative agriculture, a beyond-organic holistic system that builds thriving soil, plants, and humans, with the idea that what is good for one is good for all. This, in essence, is the mission of Common Ground. We have also built a Food Innovation Center, a community food hub and incubator for farmers and food entrepreneurs. Common Ground has already ushered in its first cohort of Kaua'i businesses to help scale their efforts to reach a larger audience. And eventually, the company plans on building a farm-to-table restaurant to bring in eaters and complete the circle. On the campus, Common Ground can present a different and transparent model, one where you can actually explain and see the value chain that's fully integrated, that's sustainable, that's organic, that's equitable in terms of everybody from the farmer to the food entrepreneur to the distributor. Why Kaua'i is the blueprint To the wild north shore of Kaua'i, the most isolated island of the already remote main Hawaiian archipelago, immigrant farm workers came from Asia to Europe to build new lives. More than a century ago, they arrived to work on KTlauea's sugar plantation, and it is their legacies, along with the Native Hawaiians who originally cultivated the land, that have led to present-day Kaua'i-a place where a fifth-generation kalo (taro) farmer tends lo'i in Hana lei and sells taro smoothies from a food truck, and where a cacao farmer, the great-grandson of a botanist who came to Hawaii in 1850, hopes to change the world of chocolate. https://commongroundkauai.com/mission 4 , 10/12£22, 2:17 PM TOPICS v SHOP VISIT V ABOUT V Mission I Common Ground Marketplace COMMON GROUND channels, possesses a fierce independence, a resistance to outside influences. The Hawaiian Islands, and especially Kaua'i, seem to have evolved separately from the rest of the world. You can see it in its plants, its animals, its traditions. It is a place removed from a world rife with distractions, where focus turns to the land, to food, to community. But this isolation is also its very lure to the outside world. The pandemic exposed a complex and broken food system, maximized for efficiency at the expense of equity and resiliency: crops were destroyed in the field as grocery shelves lay bare and lines at the food banks grew ever longer. It is challenges like these that prime us to interrogate our island economy and discover how and why solutions based in food security and agriculture must be the way forward. As we hurtle toward the future, it's time to urgently rethink our current food systems. By honoring Hawaii's agricultural legacies and investing in a circular food economy, we can spark a process toward equitable food chains for the rest of the world. Kaua'i's vulnerabilities are also its strengths. Its past is also its future. It is in this fertile foundation that Common Ground will take root. https://commongroundkauai.com/mission • 10/12/22, 2:17 PM TOPICS v SHOP VISIT V ABOUT VReady to learn mc)re?Tenns https://commongroundkauai.com/mission Mission I Common Ground Marketplace COMMON GROUND Shareit @CD@ Follow us! Your Email Join FAQs Privacy Policy Contact DEPARTMENT OF PLANNING KA'AINA HULL, DIRECTOR JODI A. HIGUCHI SAVEGUSA, DEPUTY DIRECTOR I.SUMMARY Action Required by Planning Commission: Permit App lication Nos. Name of Applicant(s) II. PERMIT INFORMATION [gl Use Permit DIRECTOR'S REPORT DEREKS.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR Petition to modify Condition No. 9 of the subject permits condition of approval to extend the completion date of the subject project Class IV Zoning Permit Z-IV-88-28 Use Permit U-88-23 Special Permit SP-88-3 CG REAL ESTATE LLC. (Formerly LIVING FARMS, LLC.) PERMITS REQUIRED Pursuant to Section 8-2.4 of the KCC, 1987, as amended, a Use Permit was required because the proposed project is a commercialized facility to be located within the County of Kauai Agriculture (A) and Open (0) Zoning Districts. D Project Development Use Permit D Variance Permit [gl Special Permit Pursuant to Chapter 205 of the Hawai'i Revised Statutes (HRS), a Special Permit was required as the proposed use is not a permissible use within the State Agricultural Land Use District. � Zoning Permit Class Pursuant to Section 8-8.4 of the KCC, 1987, as amended, a [8'.IIV Class IV Zoning Permit was a procedural requirement for □ Ill obtaining a Use Permit in the Agriculture {A) Zoning District. D Special Management Area Permit Duse D Minor AMENDMENTS D Zoning Amendment D General Plan Amendment An Equal Opportunity Employer I.1.a. Jan. 10, 2023 I D State Land Use DistrictAmendment Date of Receipt of Completed N/ A Application: Date of Director's Report: January 10, 2023 Date of Planning Commission Review: January 10, 2023 Deadline Date for PC to Take Action N/ A (60TH Day): Ill. PROJECT DATA PROJECT INFORAMTION Parcel Location: The project site is located at the end of Kuawa Road in Kilauea, Kaua'i. Tax Map Key(s): 5-2-013:012 (formerly 5-2-017:014) I Area: I Approx. 46.587 acres ZONING & DEVELOPMENT STANDARDS Zoning: Agriculture (A} State Land Use District: Agricultural General Plan Designation: Agriculture Height Limit: 50 feet Max. Land Coverage: 50% of lot area Parking Requirement: N/A Front Setback: 10 feet Rear Setback: 10 feet Side Setback: 5 feet Community Plan Area: Kilauea Community Plan Community Plan Land Use Designation: Agricultural Deviations or Variances Requested: NA. IV.PROJECT DESCRIPTION AND USE On April 13, 1988, the Planning Commission approved the subject permits to allow for theconstruction of a visitor center at the subject property. Approval of the visitor centerincluded but was not limited to a marketing pavilion, snack shop, restrooms, and anobservatory deck. Hours of operation were limited to 7 days a week, 9:00 am to 5:00 pm. On March 4, 2013, the Applicant submitted a request to modify the original permits toinclude a farm-to-table restaurant. There were also a series of buildings that were21Page Z-IV-88-28, U-88-23, SP-88-3; Director's Report CG Real Estate LLC. 12.27.2022 proposed, and Condition No. 9 of the subject permits' conditions of approval requires that the project be completed by May 31, 2018. On May 22, 2018, the Planning Commission considered the Applicant's request to amend Condition No. 9 to allow for the completion date to be extended to May 31, 2023. The request was approved and granted. The Applicant is now requesting to amend Condition No. 9 again to allow for the completion date to be extended another five (5) years to May 31, 2028. (Please refer to the application for further description) V.APPLICANT'S REASONS/JUSTIFICATION Please refer to Applicant's Petition dated October 17, 2022. VI.AGENCY COMMENTS (Forthcoming) VII.PRELIMINARY EVALUATION In evaluating the Applicant's request to modify the subject permits, the following should be considered: 1.As stated in the petition, the Applicant has acquired the subject property in 2018 evaluated efficiency of the operation while still being engaged in the uses permitted that included a "farm-to-table" concept approved under the amended permits. 2.As also stated in the petition, the progress of the project was significantly impacted by the COVID-19 Pandemic closures. 3.As stated in the previous Director's Report, dated May 7, 2013: a.The onsite "farm-to-table" operation not only provides the farm operator with supplementing income to that earned from agricultural activity, but it also provides a direct link and impetus to continue and expand farm operations. b.While there was concern over the com.mercialization of agricultural lands, the employment of a "farm-to-table" concept, while relatively novel to 31Page Z-IV-88-28, U-88-23, SP-88-3; Director's Report CG Real Estate LLC. 12.27.2022 Kaua'i and if done appropriately, can mitigate ongoing suburban type sprawl and the proliferation of gentleman estate type development occurring throughout Kauai's agriculture lands. c.In an attempt to foster "farm-to-table" operations throughout the state of Hawai'i, the Hawai'i State Legislature recently amended Chapter 205-2 of the Hawai'i Revised Statutes to generally allow in the State Land Use Agricultural District the following land uses: i.Retail activities in an enclosed structure owned and operated by a producer for the display and sale of agricultural products grown in Hawai'i, value-added products that were produced using agricultural products grown in Hawai'i, logo items related to the producer's agricultural operations, and other food items. ii.A retail food establishment owned and operated by a producer and permitted under chapter 12 of the rules of the department of health that prepares and serves food at retail using products grown in Hawai'i and value-added products that were produced using agricultural products grown in Hawai'i. d.The current food service operation and marketing pavilion at the project site align specifically with the aforementioned two (2) outright permitted uses under Chapter 205 of the Hawai'i Revised Statutes. 4.In providing the time extension, the onsite "farm-to-table" operation would continue to not only provide the farm operators with supplementing income to that earned from agricultural activity but would also qmtinue to provide a direct link and impetus to continue and expand farm operations. VIII.PRELIMINARY CONCLUSION Based on the information contained in the Report Findings and Evaluation, the Planning Department concludes that the proposed amendment to Condition No. 9 may be appropriate and it should not have any detrimental impact to the environment or the surrounding area. Z-IV-88-28, U-88-23, SP-88-3; Director's Report CG Real Estate LLC. 12.27.2022 41Page IX.PRELMINARY RECOMMENDATION Based on the foregoing evaluation and conclusion it is hereby recommended the proposed modification to Class IV Zoning Permit Z-IV-88-28, Use Permit U-88-23, Special Permit SP-88-3 be Approved. Furthermore, Condition No. 9 of the subject permits shall be amended to read as follows: "9. Completion of the project shall be attained by May 31, [�] 2028." Furthermore, the Applicant is advised that all applicable conditions of approval shall remain in effect. (Language to be repealed are bracketed and stricken; additional language to existing Conditions is underscored. Should the Commission accept any or all of the Department's recommended amended Conditions of Approval, later reproductions of said amended Conditions shall exclude underscoring and bracketed and stricken material) The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process scheduled for January 10, 2023, whereby the entire record should be considered prior to decision making. The entire record should include but not be limited to: a.Pending government agency comments; b.Testimony from the general public and interested others; and c.The Applicant's response to staff's report and recommendation as provided herein. By� Planner Approved & Recommended to Commission: SI Page Z-IV-88-28, U-88-23, SP-88-3; Director's Report CG Real Estate LLC.12.27.2022 WALTON D.Y. HONGPlanning Commission of · the County of Kauai Attention: Mr. Dale Cua 4444 Rice Street, Suite A-473 Lihue, HI 96766 LAW OFFICES OFWALTON D.Y. HONG ATTORNEY AT LAWA Law Corporation 3135 AKAHI STREET, SUITE AuHuE, KAuA1, HAW An 9f b6dflt Y n � r< /; 11 A 1 Augusts, 202'22 AUG 1 O pl :38r>LAHrCNG DEPT.Re: Request for extension of permits by Island Helicopters Kauai, Inc. Class IV Zoning Permit Z-IV-2008-5 Use Permit U-2008-3 Special Permit SP-2008-2 TMK: 1-8-001:001 Dear Commissioners: TELEPHONE (808) 245-4757 TELECOPIER (808) 245-5175We have been requested by Island Helicopters Kauai, Inc. herein the "Applicant", to assist it with seeking an extension of the above-referenced permits for an additional six (6) years ,to permit helicopter landings at the Manawaiopuna Falls, in Hanapepe Valley, Kauai. The original permits were granted in 2008. By action of the Kauai Planning Commission on February 14, 201 7, the above permits were extended for a period of six years, ending on March 10, 2023. The extension at that time was made subject to a number of conditions to assure reasonable operations of the helicopter landings at the Manawaiopuna Falls with minimal adverse environmental and ecological effects. Over the past almost 15 years since the landing� were first granted, the Applicant has diligently adhered to the conditions imposed with the permits. Since the granting of the last extension in 2017, there have not been any violations of the conditions. Nor is the Applicant aware of any complaints made as to its operating within the terms and conditions of the permits. The Applicant accepts all of the conditions contained in the 201 7 extension, with the exception of Condition No. 10, which the Applicant requests be amended to expire on March 10, 2029, in seeking this extension of the permit.. The Applicant recognizes that its current permits will not expire for another seven months, but due to the pending retirement of its undersigned counsel on or before the ending of this year, wishes to have this matter resolved as soon as possible. I.2. Jan. 10, 2022 • Planning Commission of the the County of Kauai August 5, 2022 Page 2 of2 Based on the foregoing, the Applicant requests your favorable consideration to its request for the six year extension of its permits. If additional information is required, please feel free to contact the undersigned. Thank you for your consideration of the request. WDYH:wh cc: Island Helicopters Kauai, Inc . Yours very truly, \jJ,P\ ')__Walton D. Y. Hong DEPARTMENT OF PLANNING KA'AINA HULL, DIRECTOR JODI A. HIGUCHI SAVEGUSA, DEPUTY DIRECTOR I.SUMMARY Action Required by Planning Commission: Permit Application Nos. Name of Appl icant(s) II.PERMIT INFORMATION (gj Use Permit DI RECTOR'S REPORT DEREK S.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR Consideration of Applicant's request to AMEND Condition No. 10 Class IV Zoning Permit, Use Permit, and Special Permit to allow continuation of operation involving helicopter tours to Manawaiopuna Falls Class IV Zoning Permit Z-IV-2008-5 Use Permit U-2008-3 Special Permit SP-2008-2 Island Helicopters Kaua'i Inc. Walton D. Y. Hong (Authorized Agent) PERMITS REQUIRED Pursuant to Section 8-2.4 of the KCC, 1987, as amended, a Use Permit was required to operate commercial tours in the Agriculture (A) zoning district. D Project Development Use Permit D Variance Permit [gj Special Permit Pursuant to Section 205 of the Hawai'i Revised Statutes (HRS) and Chapter 13 of the Rules of Practice and Procedures of the Planning Commission, a Special Permit was required for a use in the State Land Use Agricultural (A)District that is not a permissible use as set forth in Chapter 205 of the HRS. (gj Zoning Permit Class Pursuant to Section 8-4. 7 of the KCC, 1987, as amended, a [gl1v Class IV Zoning Permit was a procedural requirement for 0111 obtaining a Use Permit in the Agriculture (A} zoning district. D Special Management Area Permit Duse I.2.a Jan. 10, 2023 D Minor AMENDMENTS D Zoning Amendment D General Plan Amendment D State Land Use District Amendment Date of Receipt of Completed N/ A Application: Date of Director's Report: January 10, 2023 Date of Pu blic Hearing: JANUARY 10, 2023 Deadline Date for PC to Take Action N/ A {60TH Day): Ill. PROJECT DATA PROJECT INFORAMTION Parcel Location: The helicopter landing site is situated near the base of Manawaiopuna Falls in Ko'ula Valley, Kaua'i. Tax Map Key{s): 1-8-001:001 I Area: 111,774.6 acre ZONING & DEVELOPMENT STANDARDS Zoning: Agriculture (A)/ Conservation State Land Use District: Agricultural / Conservation General Plan Designation: Agriculture (A) / Conservation Height Limit: Agriculture 50 feet Max. Land Coverage: 50% of lot area Parking Requirement: N/A Front Setback: 10 feet Rear Setback: 10 feet Side Setback: 5 feet Community Plan Area: West Kauai Community Plan Community Plan Land Use Designation: Agriculture Deviations or Variances Requested: N/A IV.LEGAL REQUIREMENTS Section 8-3.l{f), KCC: Not Applicable Z-IV-2008-5, U-2008-3, SP-2008-2; Directors Report 13rn Ext Request)Island Helicopters 12.28.2022 21Page Planning Commission Date: JANUARY 10, 2023 V.PROJECT DESCRIPTION AND USE On March 10, 2009, the Planning commission approved the subject permits for Island Helicopters Kaua'i, Inc. to establish a helicopter landing site for touring and viewing the Manawaiopuna Falls in Ko'ula Valley, Kaua'i. The applicant utilizes an area approximately 2,000 square feet for the helicopter landing area near the base of the Manawaiopuna Falls. Due to the existing topography of the area, this was an ideal site because of the natural flat, rocky land with low grasses. No construction or improvements of any type were necessary, to accommodate landings. However, the only work that was commenced was the cutting of some trees and vegetation, followed by occasional maintenance when necessary, for safety reasons. The applicant's daily helicopter tour route involves helicopters taking off at the Lihu'e Airport and viewing various areas of the island. Their helicopters land at the site and shut down for approximately forty (40} minutes, during which time the passengers disembark the aircraft, hike a short distance to the falls on the existing trail, and look at and take photographs of the falls. Swimming is not permitted at the falls. Also! the visitors have an opportunity to view the remnants of the Ko'ula Ditch, which was built as the Hanapepe Ditch around 1889 to supply irrigation water to the sugarcane fields south of the site. The passengers then re-aboard the aircraft and continue the flight route to view the rest of the island. VI.APPLICANT'S REASONS/JUSTIFICATION REQUEST Under the subject permits, the applicant was granted a helicopter landing site at the subject property. Condition Number 10 of the Planning Commission's Conditions of Approval (please see attached) states the following: "The use of the subject helicopter landing site shall be temporary for an initial period of two (2) years only, expiring on March 10, 2017. Additional extensions may be granted for longer periods of time by the Planning Commission provided adverse impacts are not generated that affect the public health, safety, and welfare, as well as the surrounding environment, and conditions of approval are complied with, and there is no change in public policy regarding helicopter landings of this nature. In the event that the Applicant applies for an extension, the Applicant shall conduct an updated floral and faunal study and present their findings to the Planning Commission;" 3IPage Z-IV-2008-5, U-2008-3, SP-2008-2; Directo(s Report (3"' Ext Request) Island Helicopters 12.28.2022 The applicant is requesting a six (6) year extension to the subject permits to continue to operate a helicopter landing site near the base of Manawaiopuna Falls. It is noted that the last extension request for this project was granted by the Planning Commission on February 14, 2017, and it was for a period of 6 years. The operation is set to expire on March 10, 2023. Please refer to Application for further justification. VII.ADDITIONAL FINDINGS 1.Site Information/Characteristics The Project site located on an 11,774.6 square acre parcel owned by Gay & Robinson. The primary uses of the area around the site is the irrigation water, via Ko'ula Ditch, to the Gay & Robinson sugar cane fields and the grazing of free-range cattle. a.Flora -The dominate vegetation as documented during the previous survey remains true with an abundance of Native species (e.g., Kukui, 'ohia /ehua) and a variety of alien species. The Cliff adjacent to the ditch that runs along the trail is still dominated by mats of uluhe fern with various trees and shrubs emerging from the fern such as (e.g., 'ohia lehua, strawberry guava). b.Fauna -During the fauna I filed survey three native birds crowned night heron or 'auku'u were observed flying over Ko'ula stream. Endemic birds such as Apapane, J'iwi and Pueo can be expected to forage in the subject area none of which were present at the time. Alien species that were present at the site during the survey: the Japanese white-eyes, the Chinese Thrush (Hwamei), the White-rumped Shama, and three Cattle Egrets. Other alien species in the subject area: the Greater Nechlaced-Laughing-Thrush, Red Jungle Fowl, Spotted Dove, Zebra Dove, Northern Cardinal, and House Finch, none of which are listed threatened or endangered. There was also evidence that the site is frequented by Pigs, rats, mice, and goats. c.Riparian Areas -The project area is a steep sided valley system that includes not only Manawaiopuna falls but other tributary streams coming from the Kapalaoa and Kahili falls. Manawaiopuna Falls cascades into a small pond that flows a short distance where the stream connects to Ko'ula Stream, which is ultimately fed by other tributaries coming from the Kawaikini Ridge area. The Ko'ula Stream finally flows southwest of the Manawaiopuna Falls for several miles into Hanapepe River. As portion of the Manawaiopuna Falls flows into a ditch where a siphon connects to Ko'ula Ditch and Ko'ula Tunnel; 4IPage Z-IV-2008-5, U-2008-3, SP-2008-2; Director's Report (3"' Ext Request) Island Helicopters 12.28.2022 this system ultimately provides irrigation water to the cane fields of Gay & Robinson. d.Archaeology-In an archaeological study of the project area commissioned by the Applicant, no surface cultural remains, isolated artifacts, or areas of exposed deposits were identified. Because the proposed tour helicopter landing area and trail to the falls require no ground-disturbing activities, subsurface testing was deemed unwarranted. e.A previous site inspection was conducted by staff in January 2017, and it was noted that the existing vegetation has been properly maintained and there were no adverse impacts to the surrounding area. VIII.PRELIMINARY EVALUATION In reviewing the Applicant's time extension request, the following is being considered: 1.The subject site is on the route followed by the Applicant and other helicopter tour companies on their way to Waimea Canyon; therefore, sound generated from the Applicant's touring helicopters remain confined to a pre-existing flight corridor. 2.The nearest residence to the subject site is more than three (3) miles away; given this distance, additional noise from take-offs and landing does not impact those residing in the area. 3.The subject proposal has no construction or improvements. The remote location of Manawaiopuna Falls on private property ensures that the only other persons seeing the landed helicopter and the respective passengers at the site would be other tour helicopters flying over and viewing the site. 4.Except for the removal of some grasses and trees to provide a safe landing area, and the occasional mowing of grasses, the existing vegetation has not and is not proposed to be altered. 5.There are no existing or proposed buildings at the landing site. 6.No grading or improvements of any type are proposed. 7.Swimming is not permitted at the falls. 8.The subject site is a portion of a larger area used for cattle grazing. This use will continue and not be impacted by the proposed use. The presence of the siphon and SI Pa ge Z-IV-2008-5, U-2008-3, SP-2008-2; Directo(s Report (3'd Ext Request) Island Helicopters 12.28.2022 flume providing water to the lower lands in sugar cultivation will not be affected by the proposed use. Other agricultural uses are not deemed feasible because of the narrowness of the valley floor and the limited area's inaccessibility for any production agricultural activities other than grazing. 9.The Applicant has recently completed a Biological Survey to evaluate and update the botanical, wildlife, and aquatic resources in the vicinity of the land site as well as the surrounding area (refer to attached Exhibit 'A'). The Survey concluded with the following statement: "We did not find any evidence that helicopter operations are causing adverse impacts upon the environment at the project site." 10.In almost fourteen (14) years that the Applicant has operated the site, the Department has not received any complaints concerning the use of the area as a helicopter landing site. 11.As represented by the Applicant, advertising contracts are usually placed a year or more in advance. The applicant has found it difficult to reserve or place advertisements when it is unknown whether the landing operations will be allowed to continue since the last extension request. Therefore, the applicant is risking that the permits will be renewed when it enters into advertising contracts. In an effort to minimize this risk, the requested five year extension cycle would enable the Applicant to implement an appropriate and longer range business plan while giving greater flexibility for future tour agreements. IX.PRELIMINARY CONCLUSION Based on the foregoing, it is hereby concluded that the request for a six (6) year extension to the subject permits to operate a helicopter landing site near the base of Manawaiopuna can be considered. The subject request previously met the criteria for a Special Permit, and it can still be considered an unusual yet reasonable use of agricultural land. The Applicant is advised that the use of the existing trail, as well as the use of the base of the waterfall itself are within the State Land Use Conservation District and remain under the jurisdiction of the State of Hawai'i, Department of Land and Natural Resources (DLNR). It is finally concluded that irrespective of the appropriateness of this request, the Director's Report and its recommendation is not based on any precedence established by any other similar applications and permits. The subject application was reviewed GI Page Z-IV-2008-5, U-2008-3, SP-2008-2; Director's Report (3m Ext Request) Island Helicopters 12.28.2022 and evaluated based on its specific use in a specific area. Moreover, this application shall not be construed as precedence setting; any additional proposed helicopter landing site(s) shall be reviewed on a case-by-case basis relative to the applicable permit procedures. X.PRELMINARY RECOMMENDATION Based on the foregoing evaluation and conclusion it is hereby recommended the proposed modification to Class IV Zoning Permit Z-IV-2008-5, Use Permit U-2008-3, Special Permit SP-2008-2 be Approved. Furthermore, Condition No. 10 of the subject permits shall be amended to read as follows: "10. The use of the subject helicopter landing site shall expire on [March 10, �] March 10, 2029. Additional extensions may be granted by the Planning Commission provided adverse impacts are not generated that affect the public health, safety, and welfare, as well as the surrounding environment, and conditions of approval are complied with, and there is no change in public policy regarding helicopter landings of this nature. In the event that the Applicant applies for an extension, the Applicant shall conduct an updated floral and faunal study and present their findings to the Planning Commission after three (3) years, and again at such time as the Applicant may seek a further extension of its permitst Furthermore, the Applicant is advised that all applicable conditions of approval shall remain in effect. (Language to be repealed are bracketed and stricken; additional language to existing Conditions is underscored. Should the Commission accept any or all of the Department's recommended amended Conditions of Approval, later reproductions of said amended Conditions shall exclude underscoring and bracketed and stricken material) The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process scheduled for January 10, 2023, whereby the entire record should be considered prior to decision making. The entire record should include but not be limited to: a.Pending government agency comments; b.Testimony from the general public and interested others; and c.The Applicant's response to staff's report and recommendation as provided herein. 71Page Z-IV-2008-5, U-2008-3, SP-2008-2; Director's Report (3m Ext Request) Island Helicopters 12.28.2022 Z-IV-2008-5, U-2008-3, SP-2008-2; Director's Report (3"' Ext Request)Island Helicopters12.28.2022 By __ D�-=-A"-. c--�-u-�_._) -�-Planner Approved & Recommended to Commission: Date: Date: rector of Planning , /3 I 'l,,,2-� I • 81Pa ge (2022 Biological Survey) 29 December 2022 File No. 0205479-000 Island Helicopters P.O. Box 831 LThu'e, Hawai'i 96766 Attention: Curt Lofstedt, President HALEY & ALDRICH, INC. 6 Waterfront Plaza 500 Ala Moana Boulevard, Suite 6-250 Honolulu, HI 96813 808.587.7747 N \.--} c�·) Subject: RE: 2022 Biological Survey of the Helicopter Landing Zone at Manawaiopuna ("Jurassic") Falls, Kaua'i Dear Mr. Lofstedt: I am pleased to submit this letter report summarizing our assessment of terrestrial and aquatic biological resources at the Manawaiopuna "Jurassic" Falls (falls) landing zone (LZ) in support of your continuing operations in Ko'ula Valley, Hanapepe River watershed, Kaua'i. The LZ is located just above the confluence of Ko'ula Stream and the unnamed tributary below the falls. The LZ and its history of development were originally detailed in the Finding of No Significant Impact (FONS!) and Final Environmental Assessment (FEA) for a Helicopter Landing Area, Ko'ula Valley, Hanapepe, Kaua'i, Tax Map Key (4) 1-8-001:001, dated 16 February 2009 (Hong 2009). The first terrestrial biological survey in support of helicopter operations was conducted at the LZ by biologist Phil Bruner in 2006 (Bruner 2006). Since that time, there have been six biennial surveys at the LZ: SWCA (2008, 2011); ICF International (2012, 2014); Cardno-GS, Inc. (2016), and Tetra Tech (2019). Bruner's 2006 wildlife report and the SWCA 2008 biological report were summarized in the Finding of No Significant Impact (FONS!) sited above. The current survey focused on documenting any additional plant and animal species not noted during the previous surveys and any major changes in species dominance. The survey was conducted over a four and one half-hour period (0730 to 1200) on 30 November 2022, by biologist John Ford and botanist Maya LeGrande. Weather during the surveys was clear with light winds. Botanical Survey The LZ is characterized by grasses and low growing weeds dominated by carpetgrass (Axonopus compressus), broad-leaved plantain (Plantago major}, partridge pea (Chamaecrista nictitans), elephant's foot (Elephantopus mollis}, Spanish clover (Desmodium incanum}, Guinea grass (Megathyrsus maximus}, sensitive plant (Mimosa pudica), sourbush (Pluchea carolinensis}, and lantana (Lantana camara} (Photo www.haleyaldrich.com Island Helicopters 12 December 2022 Page 2 1, Appendix A). As in previous years, there is ample riparian vegetation at the LZ with no sign of bank or soil erosion into Ko'ula Stream. A single mature satin leaf tree ( Chrysophyllum o/iviforme) along with a grove of mountain apP.les and citrus varieties are located at the beginning of the trail near the metal bridge over the concrete return ditch. The large hau (Hibiscus tiliaceaus) remains downslope of the LZ near the confluence from the falls. The footpath to the falls is dominated on either side by African bristle grass (Setaria sphacelata) and bordered other weedy species such as Koster's curse (Miconia crenata), Jamaican vervain (Stachytarpheta jamaicensis), broomsedge (Andropogon virginicus), Job's tears (Coix /achryma-jobi), Sida acuta, buttonweed (Spermacoce remota), and basket grass (Oplismenus hirtel/us) (Photo 2, Appendix A). The cliff adjacent to the flume/ditch that runs along the trail is still dominated by ferns such as uluhe (Dicranopteris linearis}, Christel/a species, Nephrolepis species, pala'a (Odontosoria chinensis), and Macrothelypteris torresiana (Photo 3, Appendix A). Trees and shrubs emerging from the fern bank include 'ohi'a lehua, strawberry guava (Psidium cattleyanum), pi'a (Dioscorea pentaphylla), and Koster's curse. A large Albizia tree was observed at the top of the falls to the east. Another mature tree is located along the slope to the north of the path to the falls. These two mature trees are the likely source of propagules in the valley as their seeds are dispersed by wind and high stream flows. Two young trees were observed below the path to the waterfall along the streambank {Photo 6, Appendix A). Clumps of African bristle grass can be seen growing on the wet cliffs of the waterfall and stream banks. Along with the grass, the highly invasive Hamakua pamakani (Ageratina riparia) is abundant on the cliff faces (Photo 4, Appendix A). As with albizia, these two species are likely dispersed by wind and high stream flows. Both of these invasive plants appear to be displacing a native species of the coffee family, Kadua e/atior. The population of K. e/atior is restricted to a band or approximately 35 plants running along the base of the cliff face about 40 feet downstream of the plunge pool below the falls (Photo 5, Appendix A). Thirty endemic endangered plant species, four threatened plant species, and six endangered fern species were historically documented within the Hanapepe Valley (USFWS 2022). None of these have been observed at the LZ or hiking trail to the falls. No state or federally listed, threatened, endangered, or candidate species (USFWS 2016, 2022) were observed within the areas surveyed. Wildlife Survey A pedestrian survey for wildlife was conducted along the riverbanks, LZ, and footpath, during which birds were identified visually with the aid of Canon 10 x 42 6.5° image-stabilizing binoculars, and by vocalizations. Recorded vocalizations of Kaua'i 'Elepaio (Chasiempis sc/ateri) were also played back along the trail from the LZ to the falls. www.haleyaldrich.com Island Helicopters 12 December 2022 Page 3 Japanese white-eyes (Zosteropsjaponicus), Hwamei (Garrulax canorus), and scaly-breasted munia (Lonchura punctulata) were the most conspicuous and active birds heard and observed in the surrounding forest around the LZ. An introduced barn owl (Tyto alba) was seen flying west past the LZ from the forest on the east bank of unnamed tributary in the early morning. An endemic Hawaiian owl or Pueo (Asia flammeus sandwichensis) was seen flying low up Ko'ula Stream past the LZ and loafing on a tree branch at midday. A single native, black-crowed night heron or 'Auku'u (Nycticorax hoact/i), commonly seen during previous surveys, was observed perched on river rocks in search of prey in unnamed tributary. It did not appear to be disturbed by nearby helicopter landings and takeoffs or by other helicopter overflights of the valley. A single cattle egret was seen at midday flying up Ko'ula Stream past the LZ. No white-rumped shama (Copsychus malabricus) were heard or seen this year. Bruner (2006) suggested other non-native birds which might be found around the LZ include Greater-necklaced laughing thrush (Garrulax pectoralis), Spotted dove (Streptopelia chinensis), Zebra dove (Geopelia striata), Northern cardinal (Cardino/is cardinalis), and House finch (Haemorhous mexicanus). He also suggested that the native Hawai'i forest birds 'Apapane (Himatione sanquinea) and Kaua'i 'Amakihi (Hemignathus kauaiensis) might occasionally forage in 'ohi'a lehua and other flowering trees along the steep valley walls. No 'Elepaio or other native forest birds were heard or seen during our survey. The listed endangered Hawaiian duck or koloa (Anos wyvilliana) and non-native mallard (Anos platyrhynchos) are relatively common on Kaua'i, and frequent inland stream valleys; however, over the past 14 years we have only observed a single duck flying up Ko'ula Stream during our 2016 survey. No other listed bird species have been observed at this location. Table 1 lists the birds observed during previous surveys at the LZ trail, and falls. USFWS (2022) also notes that there are no migratory birds of conservation concern expected to occur at this location. There are no lighting fixtures at the LZ and no flights operating in the area after sundown, so fallout of listed seabirds is not expected to occur at this location. We did not observe white-tailed tropicbirds or Koa'e kea (Phaethon lepturus) during this year's survey; however, they are occasionally seen by flight crews over valley ridgelines. Table 1. List of bird species observed at the Manawaiopuna Falls LZ, trail, and falls during previous surveys. White-tailed tropicbird Koa'e kea Phaethon /epturus X R Cattle egret Bubulcus ibis N Black-crowned night heron 'Auku'u Nycticorox nycticorox X X X X X R Mallard or Hawaiian duck hybrid K61oa Anos sp. X R, END Red Jungle Fowl Gollus gollus X X N Wandering tattler 'Olili Tringo incana X R Barn owl Tyta alba X N Hawaiian shorteared owl Pueo Asio flammeus X X R Hwamei Garrulax conorus X X X X N White rumped shama thrush Copsychus malabricus X X N Warbling white eye Zasterops japanicus X X X X N Scaly-breasted munia Manu 'ai laiki Lonchura punctulata X x N Biogeographic status: N=naturalized non-native resident; R=endemic or indigenous resident. END=federally-listed endagered species www.haleyaldrich.com Island Helicopters 12 December 2022 Page 4 USFWS (2022) indicates that the endangered Hawaiian hoary bat (Lasiurus cinereus semotus) may inhabit the forests surrounding the LZ. However, we have not seen bats within the study area over the past 14 years. Helicopter landings and takeoffs are limited to 0730 to 1530 in the winter months, and 0730 to 1630 in the summer months, and no flight operations occur at night. Feral pigs (Sus scrofa) are known to cause significant damage to plants by rooting in soil, which also spreads weed seeds and facilitates establishment of invasive plant species in native areas. During the 2014 site visit, we observed significant pig rooting in vegetation and soil both at the landing zone area as well as along the footpath. Very few pig signs were noted during both the 2016 and 2019 surveys. The current survey noted a continued lack of pig sign (i.e., rooting of vegetation and soil). Only one small portion of vegetation and soil along the K6'ula Ditch between the plunge pool and the LZ appeared to be pushed into the ditch by pigs. Rats (probably Rattus rattus) were previously seen in vegetation along the stream bank and are most likely common in this area. Mice (Mus muscu/us), feral cats (Fe/is catus), and feral dogs (Canis lupus familiaris) may also occur within the valley; however, none were observed during the survey this year. Other conspicuous wildlife observed during this survey included the following: cane toad (Rhine/la marinus), Japanese wrinkled frog (Glandriana rugosa), Euconulid land snails, Hawaiian garden spiders (Argiope appensa), common web -spider (Neoscona theisi), long-jawed spiders (Tetragnatha sp.), spiny-backed orb weaver (Gasteracantha sp.), Chinese yellow swallow-tail butterfly (Papilio xuthus), American lady butterfly (Vanessa virginiensis), honeybees (Apis sp.), mud dauber wasps (Sceliphron sp.), house flies (Musca domestica), chironomid midges and their aquatic larvae, and mosquitos (Aedes a/bopictus). No adult or aquatic naiad dragonflies or damselflies seen previously were observed during this survey. Aquatic Survey Our snorkel surveys on 30 November 2022, were conducted on a descending hydrograph the day following two significant rain events. Debris and drift lines were found on riparian tree and shrub branches over six feet above the unnamed tributary below the falls during our surveys. The Hanapepe River was subject to numerous high flow events between 2019 and 2022. Discharge recorded at the U.S. Geological Survey (USGS) gaging station 16049000 on the Hanapepe River downstream from the confluence of K6'ula and Manuahi Stream on Kaua'i reached nearly 3000 cubic feet per second (cfs) in late December 2019, April 2020, March, and late December 2021 (Figure 1). Surface waters were diverted for sugar cane at this location with the construction of the K6'ula Ditch by Gay & Robinson in 1948 (Wilcox 1996). A weir crosses K6'ula Stream roughly 300 feet upstream from the helipad, and another weir is found below the plunge pool at the base of Manawaiopuna Falls that diverts water into the Ko'ula Ditch. Water from the two streams is mixed in the K6'ula Ditch on the right bank just below the confluence. Up to 24 million gallons per day (MGD) were diverted to irrigate sugar crops on Gay & Robinson lands up until 2009 when their operations closed. Figure 2 illustrates how the cessation of sugar irrigation in 2009 led to an increase in the minimum stream flows in the Hanapepe River. www.haleyaldrich.com Island Helicopters 12 December 2022 Page 5 i::, 3080 C: 0 2880 (J � Cl) '-1000 � C. ., ��... (J -�J:J ::, (J .� QO 108 '-Ill .&; (J Cl) -�Q ► ..J ... a: 20 C USGS 16049000 Hanapepe Riv bli, Nanuahi Str nr Eleele, Kauai, HI J �\ � j Jan Jul Jan Jul Jan Jul 2820 2028 2021 2021 2022 2822 -Daily nean discharge -Period of approved data -Estinated daily nean discharge -Period of provisional data Figure 1. Daily discharge records from December 2019 to December 2022 for the Hanapepe River illustrating frequent highs flow events. Source: USGS Surface-Water Daily Statistics for the Nation, USGS 16049000 Hanapepe Riv blw Manuahi Str nr Eleele, Kaua'i, HI. i::, C: 0 (J � Cl) '-� C. .,� �... (J -�J:J ::, (J . � QO '­Ill .&; (J Cl) -�Q ► ..J ... a: C USGS 16049080 Hanapepe Riv bli, ttanuahi Str nr Eleele, Kauai, HI 5800.0 4000.0 3000.0 2080.8 1000.0 100.0 10.0 5.8 -------------..... --=--===-= ..... =------..... ----- 2084 2006 2008 2018 2012 2014 2816 2818 2828 -Daily nean discharge -Period of approved data 2822 -Estinated daily nean discharge -Period of provisional data Figure 2. Daily discharge records for the Hanapepe River between January 2004 and November 2022, illustrating the increase in base flow following cessation of sugar production by Gay & Robinson in 2009. Source: USGS Surface-Water Daily Statistics for the Nation, USGS 16049000 Hanapepe Riv blw Manuahi Str nr Eleele, Kaua'i, HI. www.haleyaldrich.com Island Helicopters 12 December 2022 Page 6 Over the 18 years of USGS water quality records between 1971 and 1989, only 14 turbidity measurements were taken, and all but two were less than 10 ITU. Temperatures ranged between 16.5 ° C to 24.0 ° C within the expected normal range. pH measurements over the period of record ranged between 6.2 and 8.4, also within normal expected limits. Dissolved oxygen, measured on only four occasions over 18 years, were between 7.9 and 11 mg/L suggesting well-oxygenated stream water. The State of Hawai'i Department of Health listed the Hanapepe River as being impaired for turbidity during both wet and dry seasons (Final 2018 List of Impaired Waters in Hawai'i Prepared Under the Clean Water Act §303(d)). Frequent freshets scour the bed of K6'ula Stream, removing accumulated sediment in shallow riffles. Water clarity in K6'ula Stream was slightly better than that in the smaller, unnamed tributary during the current survey. Once again, water in the tributary just below the weir was initially turbid and dark gray-green in apparent color; however, water clarity in both streams improved dramatically by mid-morning as stream flow decreased. The Hanapepe River continues to provide good habitat for native Hawaiian stream life, including many characteristic insect and amphidromous species (Commission on Water Resources Management 1990, Hawai'i Division of Aquatic Resources 2008). This year we observed four fish species in K6'ula Stream adjacent to the LZ: the endemic gobies 'o'opu nakea (Awaous stamineus) (Lindstrom, et al 2012) and 'o'opu n6pili (Sicyopterus stimpsoni), and non-native guppies (Poecilia reticulata), non-native swordtails (Xiphophorus helleri). Juvenile and adult 'o'opu nakea were plentiful, demonstrating that these endemic species are actively recruiting to the stream. Amphidromous endemic mountain shrimp or '6pae kala'ole (Atyoida bisu/cata) have also been recorded from the middle and upper reaches of the Hanapepe River (Hawai'i Division of Aquatic Resources 2008). The endemic 'o'opu 'alamo'o or hi'ukole (Lentipes concolor) we observed just below the weir in the unnamed tributary during previous years were not seen this year. We did find both juvenile and very large amphidromous Tahitian prawns (Macrobrachium far) in both tributaries this year. The non-native swor dtails and guppies which have gone from being ubiquitous to absent during previous surveys since 2008 in K6'ula Stream, were present this year but in considerably fewer numbers than previously reported. Historical documents indicate that specimens of the listed threatened Newcomb's snail (Erinna newcombi) had been collected sometime between 25 October and 6 November 1840, at "Hanapepe Falls" (USFWS 2006)1. However, f. newcombi has not been seen in the Hanapepe watershed since 1925 (USFWS 2006). Our brief reconnaissance of the mossy, wetted cliffs around the plunge pool below Manawaiopuna Falls during this survey did not reveal the presence of any Newcomb's snails; however, we were unable to survey the higher wetted tributaries, springs, and seeps in the vicinity of the falls. 1 Historic photographs of Hanapepe Falls appear in Rose (1960) and The Library of Congress from 1911 (https://www.loc.gov/item/93503706/l. These photos are clearly the same as Manawaiopuna Falls. Long-time Kauai residents have also referred to the falls as K6'ula Falls, and "Jurassic Falls" after a scene in the 1993 movie "Jurassic Park" was filmed there. The name Manawaiopuna Falls appeared on USGS maps beginning in 1963. www.haleyaldrich.com Island Helicopters 12 December 2022 Page 7 Summary and Recommendations No listed candidate or proposed endangered or threatened species were observed by us during this survey. No newly invasive plant species were found during this survey which demonstrates the effectiveness of the careful operational controls employed by Island Helicopters. However, the spread of several established non-native species to areas above the landing site was noted. This cannot be attributed directly to tour operations and is most likely the result seed dispersal by high stream flows and wind. Several species of birds that have been consistently present during past surveys were commonly observed around the landing area and do not appear to be harmed by flight operations. Fugitive dust and debris appear to be minimal during helicopter operations at the LZ and are insignificant in relation to the bed load of sediments carried by the streams at flood. The presence of multiple size classes of endemic 'o'opu and other amphidromous species in Ko'ula Stream, the unnamed tributary, and plunge pool below the falls suggests that ecological connectivity between the upper and lower reaches of both tributaries has not been disrupted by historical stream diversion or by helicopter tour operations. We recommend that the mitigation measures, most of which are currently in place, be continued including: •Continue to use gardening equipment that is dedicated to sole use at the LZ and clean the equipment of seeds and grass between uses, and/or regularly clean weeding and vegetation clearance equipment so as not to introduce additional weedy species to the LZ. •Continue to have visitors scrub their shoes with a stiff brush prior to boarding helicopters in LThu'e or use disposable booties over their shoes when visiting the falls to help prevent the accidental introduction of invasive species. •Wash down helicopter skids on a regular basis. •Use flash cards available from the Kaua'i Invasive Species Committee (KISC) to facilitate Identification of noxious pests (https://www.Kaua'iisc.org/), and promptly report any observation of an invasive species to the KISC at (808) 821-1490. •Consider using suitable clean gravel to fill in the shallow ruts created in the grass at the LZ by helicopter skids to help prevent soil erosion and runoff and stabilize the LZ •Ensure that albizia trees do not grow within the LZ or on the trail. An easy and effective alternative control method for albizia that does not require downing trees is called "ring­ barking" (Hawai'i Invasive Species Council 2008). •If maintenance of the LZ or trail requires clearing of trees over 15 feet in height, these trees should not be cut down during the bat pupping season between June 1 and September 15 to prevent incidental taking of non-volant juvenile bats (State of Hawai'i Department of land and Natural Resources 2015). www.haleyaldrich.com Island Helicopters 12 December 2022 Page 8 •To slow the spread of African bristle grass, plants growing along the footpath to the falls can be controlled by manually removing the grass and bagging flowering stalks for removal and disposal away from the LZ. We did not find any evidence that helicopter or tour operations are causing adverse impacts upon the environment at the LZ. Please don't hesitate to contact me at 808-382-7705 if you have any questions or concerns. Sincerely yours, HALEY & ALDRICH, INC. John I. Ford Senior Associate Scientist Enclosures: References Appendix A: Photographs C:\Users\jford\AppData\Roaming\Microsoft\Word\AutoRecovery save of 2022_1212_HAl_lsland Helicopters Report_F3.docx www.haleyaldrich.com References 1.Bruner, P. L. 2006. Faunal Field Survey of Proposed Helicopter Landing Site at Ko'ula Valley Near Manawaiopuna Falls, Kaua'i. Contract report prepared for Walton Hong, A Law Corporation. 2.Cardno-GS, Inc. 2016. Biological Surveys of the Helicopter Landing Site at Manawaiopuna ("Jurassic") Falls, Kaua'i. Contract report prepared for Island Helicopters, Inc., LThu'e, Kaua'i. December 3, 2016. 3.Commission on Water Resources Management. 1990. Hawai'i Stream Assessment. A Preliminary Appraisal of Hawai'i's Stream Resources. Report R84. Hawai'i Cooperative Park Service Unit, Honolulu, Hawai'i. 294 p. 4.Davis, R.T. 1960. Major Streams of Kaua'i and Their Utilization. University of Hawai'i Graduate School Master's Thesis. 165p. 5.Hawai'i Division of Aquatic Resources. 2008. Atlas of Hawaiian Watersheds & Their Aquatic Biota. Department of Land and Natural Resources. http://Hawai'i watershedatlas.com/watersheds/Ka ua 'i/3007. pdf. 6.Hawai'i Invasive Species Council. 2008. Strategic Plan for the Control and Management of Albizia in Hawai'i. Strategic Plan for the Control and Management of Albizia in Hawai'i . 7.Hong, W.D.Y. 2009. Finding of No Significant Impact (FONSI), Helicopter Landing Area in K6'ula Valley, Hanapepe, Kaua'i, Tax Map Key (4) 1-8-001:001, Island Helicopters Kaua'i, Inc. 25 p. + appendices. http://oeqc.doh.Hawai'i .gov/Shared%20Documents/EA_and_EIS_Online_Library/Kaua'i/2000s/2009-03-08-KA-FEA­ Helicopter-Landing-Ko'ula.pdf 8.ICF International. 2012. Biological Surveys of the Helicopter Landing Site at Manawaiopuna ("Jurassic") Falls, Kaua'i. Contract report prepared for Island Helicopters, Inc., LThu'e, Kaua'i. December 14, 2012. 9.ICF International. 2014. Biological Surveys of the Helicopter Landing Site at Manawaiopuna ("Jurassic") Falls, Kaua'i. Contract report prepared for Island Helicopters, Inc., LThu'e, Kaua'i. December 3, 2014. 10.State of Hawai'i Department of Land and Natural Resources. 2015. Endangered Species Recovery Committee Hawaiian Hoary Bat Guidance Document. Division of Forestry and Wildlife. 11.State of Hawai'i. (2018). 2018 State of Hawai'i Water Quality Monitoring and Assessment Report: Integrated Report to the U.S. Environmental Protection Agency and the U.S. Congress Pursuant to U.S.§303(d) and §305(b), Clean Water Act (P.L. 97-117). Department of Health Clean Water Branch, 11 July 2019. 35 p. + Appendices. 12.SWCA 2008. Flora and Aquatic Resource Assessment for Helicopter Operations at Manawaiopuna Falls, Hanapepe River Watershed, Kaua'i, Hawai'i. Contract report prepared for Walton Hong, A Law Corporation. 13.SWCA 2011. Flora and Aquatic Resource Assessment for Helicopter Operations at Manawaiopuna Falls, Hanapepe River Watershed, Kaua'i, Hawai'i. Contract report prepared for Walton Hong, A Law Corporation. 14.USFWS. 1995. Recovery plan for the Kaua'i plant cluster. U.S. Fish and Wildlife Service, Portland, Oregon. 270 pages. 15.USFWS 2002. Endangered and Threatened Wildlife and Plants; Designated Critical Habitat for Newcomb's Snail; Final Rule. Federal Register 67(161): 54025-54056. 16.USFWS. 2006. Recovery Plan for Newcomb's Snail Erinna newcombi. Region 1, U.S. Fish and Wildlife Service, Portland, Oregon. May 4, 2006. 61p. 17.USFWS. 2022. IPaC Information for Planning and Consulting. 18.https://ipac.ecosphere.fws.gov/location/JQTXCGAQBBHK5O3WR3CFV6OK74/resources#endang ered-species. Last accessed November 29, 2022. 19.USGS. 2022a. U.S. Geological Survey daily discharge records for gaging station 16049000 Hanapepe River. https://waterdata.usgs.gov/hi/nwis/dv/?site no=16049000&PARAmeter cd=00060 . 20.USGS. 2022b. U.S. Geological Survey current surface water records at gaging station 16049000 on the Hanapepe River. USGS Current Conditions for USGS 16049000 Hanapepe Riv blw Manuahi Str nr 'Ele'ele, Kaua'i, HI. 21.Wilcox, C. 1966. Sugar Water: Hawai'i's Plantation Ditches. University of Hawai'i Press, Honolulu. 19lp. C:\Users\jford\AppData\Roaming\Microsoft\Word\AutoRecovery save of 2022_1212_HAl_lsland Helicopters Report_F3.docx Island Helicopters Lihu'e, Hawai'i File No. 0205479-000 Date Photographs Taken: 11/30/22 Photo 1: View looking downstream at the landing zone (LZ) near 600-foot elevation at Manawaiopuna Falls. Ko'ula Stream. The LZ is characterized by grasses and low growing weeds dominated by carpetgrass (Axonopus compressus), broad-leaved plantain (Plantago major), partridge pea (Chamaecrista nictitans), elephant's foot (E/ephantopus mollis), Spanish clover (Desmodium incanum), Guinea grass (Megathyrsus maximus), sensitive plant (Mimosa pudica), sourbush (Pluchea carolinensis), and lantana (Lantana camara). Haley & Aldrich, Inc. \ \haleyaldrich.com\share\pdx_data\Notebooks\0205479-000_Manawaiopuna Falls Biennial Complia nce\Deliverables\Reports\lsland Helicopters\Append ix A -Photographs.docx Page 1 of 6 Island Helicopters Lihu'e, Hawai'i File No. 0205479-000 Date Photographs Taken: 11/30/22 Photo 2: The footpath to the falls is dominated on either side by African bristle grass (Setaria sphace/ata) and bordered other weedy species such as Kosters curse (Miconia crenata), Jamaican vervain (Stachytarpheta jamaicensis), broomsedge (Andropogon virginicus, Job's tears (Coix lachryma-jobi), and Sida acuta, buttonweed (Spermacoce remota), and basket grass (Oplismenus hirtel/us). Haley & Aldrich, Inc. \\ha leya Id rich. com \share \pdx _data \N otebooks\02054 79-000 _Man awaio pu na Fa I ls Biennial Compliance \Deliverables \Reports\ls I and Helicopters\Appendix A - Photographs.docx Page 2 of 6 Island Helicopters Lihu'e, Hawai'i File No. 0205479-000 Date Photographs Taken: 11/30/22 Photo 3: The cliff wall along the Ko'ula Ditch which runs along the left side of the footpath above the landing zone is dominated by ferns such as uluhe (Dicranopteris /inearis), Christel/a species, Nephrolepis species, pala'a (Odontosoria chinensis), and Macrothelypteris torresiana. Trees and shrubs emerging from the fern bank include 'ohi'a /ehua, strawberry guava (Psidium cattleyanum), pi'a (Dioscorea pentaphylla}, and Koster's curse. Haley & Aldrich, Inc. Page 3 of 6 \\haleyaldrich.com\share\pdx_data\Notebooks\0205479-000_Manawaiopuna Falls Biennial Compliance\Deliverables\Reports\lsland Helicopters\Appendix A­ Photographs.docx Island Helicopters Lihu'e, Hawai'i File No. 0205479-000 Date Photographs Taken: 11/30/22 Photo 4: Clumps of African bristle grass can be seen growing on the wet cliffs of the waterfall and stream banks. Along with the grass, the highly invasive Hiimiikua piimakani (Ageratina riparia) is abundant on the cliff faces. Both of these invasive plants are displacing a native of the coffee family, Kadua elatior. The population of K. elatior is restricted to a band or approximately 35 plants running along the base of the cliff face about 40 feet downstream of the plunge pool below the falls. \\haleya ldrich.com\share\pdx_data\Notebooks\0205479-000_Manawaiopuna Falls Biennial Compliance\Deliverables\Reports\lsla nd Helicopters\Appendix A - Photographs.docx Page 4 of 6 Island Helicopters Lihu'e, Hawai'i File No. 0205479-000 Date Photographs Taken: 11/30/22 Photo 5: The population of Kadua elatior is restricted to a band or approximately 35 plants running along the base of the cliff face about 40 feet downstream of the plunge pool below the falls. Haley & Aldrich, Inc. \\haleyaldrich.com\share\pdx_data\Notebooks\0205479-000_Manawaiopuna Falls Biennial Compliance\Deliverables\Reports\lsland Helicopters\Appendix A­ Photographs.docx Page 5 of 6 Island Helicopters Lihu'e, Hawai'i File No. 0205479-000 Date Photographs Taken: 11/30/22 Photo 6: Young Albizia trees were observed below the path to the waterfall along the streambank in at least two locations and should be cleared as soon as possible before they grow to over 15 feet in height. Haley & Aldrich, Inc. \\haleyaldrich.com\share\pdx_data\Notebooks\0205479-000_Manawaiopuna Falls Biennial Compliance\Deliverables\Reports\lsland Helicopters\Appendix A - Photographs.docx Page 6 of 6 MAX W.J. GRAHAM, JR. JONATHAN J. CHUN IAN K. JUNG Federal ID No. 99-0317663 Mr. Ka'aina S. Hull Director of Planning Planning Department BELLES GRAHAM LLP A TIORNEYS AT LAW OF COUNSEL DYNASTY PROFESSIONAL BUILDING 3135 AKAHI STREET, SUITE A MICHAEL J. BELLES LIHUE, KAUAI, HAWAII 96766-l 191COUNTY f)f��U:M��:g�T TELEPHONE NO: (808) 245-4705 FACSIMILE NO: (808) 245-3277 E-MAIL: rnail@kauai-law.com •22 DEC 14 P12 :QJ December 13, 2022 PLANNING OEPT. VIA HAND DELIVERY 4444 Rice Street, Suite A473 Lihue, Kauai, Hawaii 96766 Dear Mr. Hull: Re: Petition to Modify Condition No. 2 Variance Permit V-2015-2 Class IV Zoning Permit Z-IV-2015-16 In The Matter Of The Application Of Maui Asphalt X-IV, LLC, a Hawaii limited liability company, for a Special Permit, Use Permit, Variance Permit for real property located in Kekaha, District of Waimea, Island and County of Kauai, State of Hawaii, identified by Kauai Tax Map Key No.(4) 1-2-006:009, CPR No. 6 I am transmitting for your preliminary review the following Petition to Modify Condition No. 2 of Class IV Zoning Permit Z-IV-2015-16, Use Permit U-2015-15, Variance Permit V-2015-2 and Special Permit SP-2015-4; Exhibit List; Exhibits "A" -"F". IKJ:jaug Enclosures Please let me know how many copies you require for processing the request. Thank you very much for your assistance in this matter. Sincerely yours, {W:/DOCS/28437/1/W0l 78173.DOCX } I.3. Jan. 10, 2023 BELLES GRAHAM LLP IAN K. ITJNG (8626-0) 3135 Akahi Street, Suite A Lihue, Kauai, Hawaii 96766-1388 Telephone: (808) 245-2163 Facsimile: (808) 245-3277 Email: ikj@kauai-law.com Attorney for Applicant, MAUI ASPHALT X-IV, LLC, a Hawaii limited liability company BEFORE THE PLANNING COMMISSION OF THE COUNTY OF KAUAI In The Matter Of The Application ) ) Of ) ) MAUI ASPHALT X-IV, LLC, a Hawaii ) limited liability company, for a Special Permit,) Use Permit, Variance Permit and Class IV ) Zoning Permit for real property located in ) Kekaha, District of Waimea, Island and ) County of Kauai, State of Hawaii, identified ) by Kauai Tax Key No. (4) 1-2-006:009, ) CPR No. 6. ) _______________) CLASS IV ZONING PERMIT Z-IV-2015-16 USE PERMIT U-2015-15 VARIAN CE PERMIT V-2015-2 SPECIAL PERMIT SP-2015-4 PETITION TO MODIFY CONDITION NO. 2 OF CLASS IV ZONING PERMIT Z-IV-2015-16, USE PERMIT U-2015-15, VARIANCE PERMIT V-2015-2 AND SPECIAL PERMIT SP-2015-4; EXHIBIT LIST; EXHIBITS "A" -"F" PETITION TO MODIFY CONDITION NO. 2 OF CLASS IV ZONING PERMIT Z-IV-2015-16, USE PERMIT U-2015-15, VARIANCE PERMIT V-2015-2 AND SPECIAL PERMIT SP-2015-4 I.APPLICANT AND PROPERTY INFORMATION. The Applicant in this matter is MAUI ASPHALT X-IV, LLC, a Hawaii limited liability company (hereinafter referred to as "Applicant"), which had a lease to use the {W:/DOCS/28437/1/W0l 78038.DOCX } Subject Property from Mauka Villages, LLC, and is now under a month-to-month holdover lease with the County of Kauai, as the new owner of the Subject Property. See, attached as Exhibit ''A-1" for a copy of Amendment No. 1 to Lease Agreement. The Subject Property is Unit 5 of the "Mauka Villages Condominium Project", more particularly identified as Kauai Tax Key No. (4) 1-2-006:009 (CPR No. 0006), located at Kekaha, Waimea, Kauai, Hawaii. The Applicant had previously authorized Lorna A. Nishimitsu, and hereby authorizes Ian K. Jung to assist the Applicant in connection with the Permits identified above. This Petition is being filed pursuant to Chapter 1-12-9 of the Rule of Practice and Procedure of the Planning Commission of the County of Kauai ("PC Rules 11 ). This Petition seeks an extension of time for the operations previously authorized under the Permits. II.FACTS SUPPORTING AMENDMENT. On May 12, 2015, the Planning Commission of the County of Kauai ("Planning Commission") approved the Pe1mits processing asphalt for paving pursuant to a contract with the State Department of Transportation -Highways ("SDOT-H") project identified as the Kaumuali'i Highway Road Reconstruction (the "Project"). Attached as Exhibit ''A-2" is a copy of a letter dated June 15, 2015, which constitutes the formal approval of the said Permits. The work involved providing Hot Mix Asphalt for the SDOT-H Project, with a projected completion time of twelve (12) months after the issuance of the Notice to Proceed. The work for the Project was completed in September 2017, and the Permits duration period was to accommodate a twelve (12) month warranty period required by SDOT-H. -2-{W:/DOCS/28437/1/W0l78038.DOCX} I, The expiration of the Permits was established as thirty (30) months from the date of the action taken by the Planning Commission (although the actual work was projected to take twelve (12) months, which was the warranty period following the completion of the work, required by SDOT-H, in effect created a two (2) year project timeline. This thirty (30) month period had previously set to expire on November 11, 2017. On January 23, 2018, this Commission approved a request to modify Condition No. 2 of the Permits. A copy of the extension letter is attached as Exhibit "B".Thereafter, on October 22, 2019, this Commission approved a second extension to modify Condition No. 2 for the facility to operation until November 11, 2020. A copy of the extension letter is attached as Exhibit "C-1 ". Furthermore, on December 8, 2020, this Commission approved a third extension to modify Condition No. 2 for the facility to operation until November 11, 2021. A copy of the extension letter is attached as Exhibit "C-2".Due to delays in the construction projects associated with COVID-19, demand for material by the County of Kauai Department of Public Works (Roads Division) and the State of Hawaii, Department of Transportation, and the now completed negotiation with Grove Farm Company, Inc., the Applicant requests a two (2) year extension of the Permits. In August of 2019, the County of Kauai purchased the Subject Property. A map showing the Subject Property is attached as Exhibit "D ". The Applicant worked with the County of Kauai's CIP Manager to obtain a temporary lease extension of the current site as attached as Exhibit "A-1 ". The County of Kauai lease is currently on a month-to-month term given the Applicant has secured a new location and is currently working on necessary studies for the relocation of the operation. -3-{W:/DOCS/28437/l/W0178038.DOCX} Roadway maintenance is one of the most-raised complaints from motorists, and government remains hard-pressed to meet the expectations and demands of its constituency under budgetary constraints. III.STANDARD OF REVIEW. Rule 1-12-9 of the PC Rules provides that the Applicant may petition to modify a condition as follows: 1-12-9 Modification or Deletion of Conditions. a)If a permit holder desires to have a modification or deletion of a condition that was imposed by the Commission, the permit holder shall file a motion in accordance with Section 16-16 of these Rules and serve a copy to all parties to the proceeding in which the condition was imposed. The Director shall have the discretion on whether to require a notice of hearing on the modification or deletion of conditions. In cases where the Director does not require a notice of hearing, the Commission, upon hearing the motion for modification or deletion of conditions, may require a notice of hearing. (b)For good cause shown, the Commission may act to modify or delete any of the conditions imposed. IV.JUSTIFICATIONS FOR MODIFICATION OF CONDITION NOS. 1 AND 2. The Hot Mix Asphalt batch plant is located on State Land Use Agricultural District lands between Waimea and Kekaha. (See, attached Exhibit "E" for a copy of the Site Plan from the original Permits application). The island has other paving/asphalt suppliers operating in the State Land Use Agricultural District, and on lands that are zoned either Agriculture and/or Open. The reality is that such large operations cannot operate on lots with Industrial zoning, because no such lots are sufficiently large to accommodate that type of operation. This limitation is recognized by the County as being a deterrent to industrial activities that require far greater space. Moreover, when people live or work within relatively close proximity to such operations, there are conflicts in the uses (usually noise, traffic and odors). -5- {W:/DOCS/28437/1/W0l 78038.DOCX} V.CONCLUSION. Pursuant to Rule 1-12-9 of the PC Rules, the Applicant respectfully requests that the Planning Commission of the County of Kauai grant its Petition to Modify Condition No. 2 to read as set forth above. DATED: Lihue, Kauai, Hawaii, �n,...,-\�7 , 2022. ---------- BELLES GrAM LLP NK Att ey for Applicant J\.UI ASPHALT X-IV, LLC, a Hawaii limited liability company -8- {W :/DOCS/2843 7 /I/WO I 7803 8.DOCX } Exhibit "A-1" Exhibit "A-2" Exhibit "B" Exhibit "C-1" Exhibit "C-2" Exhibit "D" Exhibit "E" Exhibit "F" EXHIBIT LIST Amendment No. 1 to Lease Agreement Letter dated June 15, 2015 from Planning Director (approval of Class IV Zoning Permit Z-IV-2015-16, Use Permit U-2015-15, Variance Permit V-2015-2 and Special Permit SP-2015-4) Letter dated January 29, 2018 from Planning Director (extension of subject Permits) Letter dated October 25, 2019 from Planning Director (extension of Subject Permits) Letter dated December 9, 2020 from Planning Director (extension of Subject Permits) Project Location Site Plan Scent Conditionner Information (deScent) {W:/DOCS/28437/1/W0I 78038.DOCX } AMENDMENT NO. 1 TO LEASE AGREEMENT This Amendment No. 1 to Lease Agreement entered into by and between MAUK.A VILLAGES, LLC, a Hawaii limited liability company, whose successor in interest to the Premises subject to the Lease Agreement is the COUNTY OF KAUAI, a political subdivision of the State of Hawaii, whose mailing address is 4444 Rice Street, Suite 235, Lihue, Hawaii 96766, herein called "Successor Lessor", and MAUI ASPHALT X-IV, LLC, a Hawai'i limited liability company, whose mailing address is P.O. Box 367, Waimea, Hawaii 96796, herein called "Lessee." Whereas, MAUK.A VILLAGES, LLC, leased the Premises comprising approximately one acre more or less of land, located generally in the red outlined area in the attached Exhibit A -Map, defined and described in the Lease, to the Lessee under a Lease Agreement with a term ofthirty (30) months, beginning on November 1, 2017, with the option to extend the Term by one( 1)year; andWhereas, on August 22, 2019, Successor Lessor acquired the Premises as a part of a larger acquisition; and Whereas, Successor Lessor and Lessee have mutually agreed to a Revised Option Term for the period of November 1, 2020 through December 31, 2022; and Whereas, the Revised Option Term of the Lease is intended to allow for the Lessee to wind up the operations associated with its use of the Premises and for Lessee to remediate the Premises. Now therefore, Successor Lessor and the Lessee agree to amend the Lease as follows: 1.Term. Article 1, Paragraph 2 and 3, respectively "Term" and "Option to Extend Term",are deleted and replaced in their entirety with the following:"Term. The Property is demised unto LESSEE to have and to hold, together with all buildings, improvements, tenements, rights, easements, privileges appurtenant thereto, but subject to the terms and conditions of the Lease, as amended, for a term of 1,227 days, commencing August 22, 2019 and ending as of midnight on December 31, 2022, unless sooner terminated." 2.Rent. Article 2, Paragraph 1 "Base Rental" is deleted and replaced in its entirety with thefollowing:"Rent. The Rent shall be as follows:a.July 1, 2020 through December 31, 2020 is $3,478.00 per month or($20,868.00), plus applicable Hawaii General Excise Tax for Kauai, currently4.712% ($983.30).EXHIBIT "A-1" b.January 1, 2021 through April 30, 2021 -$3,478.00 per month or($13,912.00), plus applicable Hawaii General Excise Tax for Kauai, currently4.712% ($655.53).c.May 1, 2021 through December 31, 2021 - $3,652.00 per month or($29,216.00), plus applicable Hawaii General Excise Tax for Kauai, currently4.712% ($1,376.66).d.January 1, 2022 through December 31, 2022 -$3,652.00 per month or($43,824.00), plus applicable Hawaii General Excise Tax for Kauai, currently4.712% ($2,064.99).e.Late Charge. Lessee will be invoiced monthly for rent payment by theLessor. Rent payment not received within thirty (30) days of the invoicing will beconsidered late and assessed a 10% late charge.f.Rent Exclusive of Lessee's Real Property Tax Obligations. The rentpayment is exclusive of Lessee's real property tax obligations under this Lease, ifany."3.Prior Rent. Concurrent with the execution of this First Amendment to the Lease, Lesseewill pay the entire prior (holdover) amount of the rent due and owing ($34,780.00) plusapplicable taxes to the Successor Lessor. Concurrent with the execution of this FirstAmendment to the Lease, Lessee shall pay $36,418.83.4.Current Rent. Concurrent with the execution of this First Amendment to the Lease,Lessee will pay the entire amount of the current lease period rent due and owing($29,216.00) plus applicable taxes to the Successor Lessor. Concurrent with theexecution of this First Amendment to the Lease, Lessee shall pay $30,529.66.5.Services in Lieu of Rent. Article 1, Paragraph 4 related to asphalt services in lieu ofrentis deleted in its entirety. 6.Improvements to Property. Article 2, Paragraph 2 "Improvements to Property" isamended to require prior written approval by Successor Lessor for any improvements tothe property beyond improvements now existing.7.Insurance. Lessee shall procure and maintain, on primary basis and at its sole expense,at all times during the life of the Lease insurance coverage s, limits, includingendorsements as described in Exhibit B, incorporated herein, against claims for injuries toperson or damages to property which may arise from or in connection with theperformance of the work by the Lessee or the Lessee's agents, representatives,employees, or subcontractors. The requirements contained herein, as well as the County'sreview or acceptance of insurance maintained by the Lessee is not intended to and shallnot in any manner limit or qualify the liabilities or obligations assumed by the Lessee. Tothe extent applicable, the amounts and types of insurance will conform to the minimum terms, conditions, and coverage(s) oflnsurance Service Office (ISO) policies, forms, and endorsements. 8.Best Management Practices. Lessee shall incorporate reasonable Best ManagementPractices in its operations to protect the Premises.9.Site Assessment and Mitigation. In addition to the obligations of the Lessee under theLease, at the end of the term, Lessee shall complete a Phase II Environmental SiteAssessment and provide the report to the Successor Lessor. Any mitigation workrecommended in the assessment that are related to Lessee's activities, operations, or useof the Premises, as determined by the County and in the County's sole discretion, shall beperformed by Lessee at its sole cost and expense.10.Entry Onto Premises. The Lessee shall secure the Premises and provide the SuccessorLessor with entry to the Premises within forty-eight ( 48) hours of requested notice ofentry.11.Agreement in Full Force and Effect as Amended. The parties further agree that allother provisions of the Lease Agreement shall remain in full force and effect except asamended herein and shall be binding on the parties.IN WITNESS WHEREOF, the parties have agreed to this First Amendment to the Lease Agreement which will become effective when all signatories below have signed it. The date of this First Amendment to the Lease Agreement will be the date this Lease Agreement is signed by the Director of Finance, County of Kaua'i. SUCCESSOR LESSOR: COUNTY OF KAUAI, a political subdivision of the State of Hawaii, LESSEE: MAUI ASPHALT X-IV, LLC, a Hawaii limited liability company, Be=� Name: Dyvette P. Fong6/16/20 Its: Authorized Signatory Date a-eared: 8126/2019 Last Data Uploaded: 8126/2019 8:04:09 PM Develope d bylt. ._ Schneider �,JI' GEO SPATIAL J_;/\lUUJt n Overview Legend ·--Roads EXHIBIT B INSURANCE REQUIREMENTS County of Kaua'i Contractor shall procure and maintain, on a primary basis and at its sole expense, at all times during the life of the contract insurance coverages and limits, including endorsements, described herein against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor or the Contractor's agents, representatives, employees, or subcontractors. The requirements contained herein, as well as the County's review or acceptance of insurance maintained by the Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by the Contractor. To the extent applicable, the amounts and types of insurance will conform to the minimum terms, conditions and coverage(s) oflnsurance Service Office (ISO) policies, forms, and endorsements. A.General Condition s Waiver of Subrogation, Contractor shall agree by entering into a contract with the County to provide a Waiver of Subrogation for the Commercial General Liability, Automobile Liability, and Workers Compensation policies. When required by the insurer, or should a policy condition not permit Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement, the Contractor shall agree to notify the insurer and request the policy be endorsed with a Waiver of Subrogation in favor of the County. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre-loss basis. Additional Insured, Contractor shall agree to endorse the County of Kaua'i as an Additional Insured with a CG026 Additional Insured -Designated Person or Organization endorsement. a copy of the applicable policy language, or similar endorsement to all required insurance policy(ies), except for Workers Compensation and Professional Liability. Deductibles and Self-Insured Retentions, Any deductibles or self-insured retentions must be declared to and approved by the County. At the discretion of the County, the County may require Contractor to reduce or eliminate any such deductibles or self-insured retentions as respects the County, or require Contractor to provide a financial guarantee (audited financial statement or bond) satisfactory to the County guaranteeing payment of any losses and related investigations, claim administration, or defense expenses. Any deductibles or self-insured retentions are the sole responsibility of Contractor and its subcontractor(s) if any. The County reserves the right to deduct from the final payment to Contractor any unsatisfied deductibles or self-insured retentions which would result in a lien against the project. When any deductibles or self-insured retention exceeds $50,000, the County reserves the Page 1 of7 on insurance market conditions affecting the availability or affordability of coverage; orchanges in the scope of work or specifications affecting the applicability of coverage. Additionally, the County reserves the right, but not the obligation, to review and reject any insurance policies failing to meet the criteria stated herein or any insurer providing coveragedue to its poor financial condition or failure to operate legally.B.Minimum Insurance Coverage Requirements IZ] Unless otherwise approved by the Director of Finance, the policy or policies of insurance maintained by the Contractor shall provide the following minimum limit(s) and coverage(s) as specified herein and be placed with an insurance carrier authorizedto do business in the State ofHawai'i and rated A-VII by A.M. Best:Commercial General Liability. The Contractor shall procure and maintain Commercial General Liability (CGL), with dedicated required limits, as set forthherein, written on occurrence form providing:[!} Designated premises basis OR □Per Project basis(Per Project Basis. The Commercial General Liability policy aggregate limits shall apply to both the general and products/completed operations limits. The term "project basis" should not be construed to mean the County is requiring the Contractor to purchase a separate project specific general liability and products completed operations policy for the project.) The coverages shall include the following:►Premises Operations►Independent ContractorsI✓ I Products and Completed Operations►Broad Form Property Damage including completed operations►Blanket Contractual Liability►Personal Injury►Employees named as Additional Insured►Severability oflnterestI✓ I Explosion, Collapse and Underground Property DamageThe minimum limits of liability may be satisfied by providing either:Page 3 of7 [Z) [Z] Bodily Injury and Personal Injury: Property Damage •$1,000,000 per occurrenceCombined Single •$2,000,000 annual aggregateLimit: AND•$2,000,000 per OR Products and Completed Operations:occurrence •$1,000,000 per occurrence•$2,000,000 annual •$2,000,000 annual aggregateaggregate Contractor must provide evidence that the County is an Additional Insured for Products/Completed Operations coverage for both ongoing operations and after substantial completion of the work. ISO Form CG 20 10 04 13 and ISO Form CG 20 3 9 12 19, or equivalent forms are required from the Contractor. Coverage provided by a non-equivalent CGL form shall be specifically endorsed providing both the course of construction and products/completed operations. ISO Form CG 20 10 04 13 and ISO Form CG 20 39 12 19, or equivalent forms are required from the Contractor. The Contractor and subcontractor(s), if any, shall provide evidence to the County on an annual basis the products/completed operation coverage is in effect for two (2) years after substantial completion of the project. Business Automobile Liability. The Contractor shall procure and maintain Business Automobile Liability written on occurrence form for all Owned, Non-owned, and Hired automobiles. If the Contractor does not own automobiles, Contractor shall agree to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Automobile Liability. Coverage shall be for automobile contractual liability, uninsured and underinsured motorist coverage, basic no-fault, and personal injury protection, as required by Hawai'i law with the following limits: Bodily Injury $1,000,000 per person $1,000,000 per occurrence Property Damage $1,000,000 per accident Workers' Compensation and Employer's Liability. The Contractor shall procure and maintain at all times during the term of the contract the following insurance liability coverage: Workers' Compensation, Temporary Disability Insurance (TDI), and similar insurance that is required by the State of Hawai'i or federal laws. Self-insurance is permitted subject to submission of a copy of the appropriate governmental authorization and qualification by the Contractor and subcontractor(s). Page 4 of7 stated between the County and the Contractor. The policy shall insure all work, labor, and materials furnished by the Contractor and the Contractor's subcontractors against loss occasioned by fire, lighting, windstorm, theft, vandalism, malicious mischief, flood, earthquake, and collapse. The amount of coverage for the perils of flood and earthquake may be subject to a sub­limit. The sub-limit shall provide coverage of at least 25% of the full replacement cost. The policy shall also include coverage for debris removal and reasonable compensation for architect's and engineer's services and expenses required as a result of an insured loss. The Contractor shall endorse the policy with a manuscript endorsement eliminating the automatic termination of coverage in the event the building is occupied in whole or in part, or put to its intended use, or partially accepted by the County. The manuscript endorsement shall amend the automatic termination clause to only terminate coverage if the policy expires, is cancelled, the County's interest in the building ceases, or the building is accepted or insured by the County. The Contractor shall name the County of Kaua'i as a loss payee on the Installation Floater policy. D Professional Liability (Errors and Omissions). The Contractor and its subcontractorsshall procure and maintain Professional Liability Insurance (Errors and Omissions Insurance) that covers all such activities under the contract. Such insurance shall have these minimum limits and coverage(s): $1,000,000 per occurrence $2,000,000 annual aggregate For policies written on a "Claims-Made" basis, Contractor warrants the retroactive date equals or precedes the effective date of the contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of the contract, Contractor shall agree to purchase Supplement Extended Reporting Period (SERP) with a minimum reporting period not less than two (2) years. The requirement to purchase a SERP shall not relieve Contractor of the obligation to provide replacement coverage. !✓I Pollution Legal Liability. The Contractor shall procure and maintain Pollution Liabilityor similar Environmental Impairment Liability at a minimum limit not less than: $1,000,000 per occurrence $2,000,000 annual aggregate The policy shall provide coverage for damages against, but not limited to, third-party liability, clean-up, corrective action including assessment, remediation and defense costs. Page 6 of7 □Contractor's Pollution Liability. Contractor shall procure and maintain pollutionliability insurance when the Scope of Work involves removal, abatement, encapsulationor other treatment, disposal or remediation of asbestos or other hazardous materials or anexposure to pollutants or impairment of the environment. The policy shall providecoverage for third party liability, clean-up, and corrective action including assessmentremediation and defense costs. The policy may be written on either an occurrence form orclaims made. The minimum limits of liability shall be:$1,000,000 per occurrence $2,000,000 annual aggregate D Crime Insurance or Commercial Fidelity Bond. Contractor shall procure andmaintain Commercial Crime Insurance or Fidelity Bond providing Employee Dishonesty on a blanket basis covering all of the Contractor's employees with a minimum amount of insurance at least equal to the amount of the contract. The policy shall be endorsed to cover "Third-Party Liability" including a third-party beneficiary clause in favor of the County. The policy shall include a minimum twelve (12) month "Discovery Period" when written on a Loss Sustained basis. I ✓ I Property. The Tenant or Lessee, shall agree to maintain property insurance includingflood and windstorm written on a replacement cost basis in an amount not less than 100% of the replacement cost of the building(s) and contents, including betterments and improvements made by the Tenant or Lessee, located on the premises. Contractor shall agree to be fully responsible for any deductible or self-insured retention, and to provide this coverage on primary basis. Umbrella or Excess Liability. Contractor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy with $1,000,000 per occurrence and $2,000,000 aggregate. If Contractor is using its Umbrella or Excess Liability Insurance policy to satisfy the minimum requirements, Contractor shall agree to endorse the County of Kaua'i as "Additional Insured" on the Umbrella or Excess Liability policy, or shall confirm in writing that its Umbrella or Excess Liability policy "follows form." Page 7 of7 Angela Anderson Chair Sean Mahoney Vice-Chair Louis Abrams Hartwell Blake Wayne Katayama Jan Kimura Amy MendoncaMembers JUN 1 5 2015 PLA.l'ffiING COl\.1,MISSION County ofKaua'i, State ofHawai'i4444 Rice Street lulpulo Building. Suite A-473 Lihu'e, Hawai'i 96766-1326 IBL (808) Z41-4050 FAX (808) 241-6699 Loma A. Nishimitsu, Esq., Authorized Agent BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP. Watumull Plaza 4334 Rice Street, Suite 202 Lihu'e, Hawai'i. 96766 Subject: Class IV Zoning Permit Z-IV-2015-16 Use Permit U-2015-15 Variance Permit V-2015-2 Special Pennit SP-2015-4 Tax Map Key: (4) 1-2-006:009 (Portion) Waimea, Kaua'i MAUIASPHALTX-IV, LLC.,Applic�t Dear Ms. Nishimitsu, Michael A. Dahilig Clerk of the Commission lffi !E�[E�W!E ID) JUN 19 2015 BELLES GRAHAM PROUDFOOT. WILSOU & CHUN, LLP This letter memorializes the action taken by the Kaua'i Planning Commission effective May 12, 2015 concerning approval of the above subject pennits. The approval, per your consent, is subject to the following conditions as amended: l.The operation of the asphalt batch plant facility shall be limited to tberepresentation as noted in the application. Any changes to said structuresand/or facilities shall be reviewed by the Planning Department to determinewhether Planning Commission review and approval is warranted. 2.The operation oftbis facility shall be limited to thirty (30) months from thedate of approval. At the conclusion of this period, the foregoing permits shall oe automatically cancelled and the AppHcant shall restore the project site as itwas prior to occupancy of the site. Any site improvements that wereconstructed shall-be immediately removed. An Equal Opportunity Employer EXHIBIT "A-2" Lorna A. Nishimitsu, Esq., Authorized Agent BELLES GRAHAl\11 PROUDFOOT WILSON & CHUN, LLP.Page j 2 3.The Applicant shall be responsible for the maintenance of the site in a clean andorderly manner; solid waste such as incidental rubbish, and other waste shall notbe permitted to accumulate on site. Disposal of such 1n.aterial shall be in compliance with all applicable Stat� Department of Health rules and regulations. 4.In order to mfoirnize dust emissions to neighboring properties, the Applicant shallwater down any stockpile areas as well as the dirt roadways leading up to the projectsite, and possibly constructing dust fences/screens that are of adequate height along the western boundary of the batch plant facility. 5.The use of tWs facility and the hours of operation shall be generally restricted toweekdays (lVlonday through.Friday) from 7:00 a.m. to 5:00 p.m. In the event the State DOT and County of Kaua 'i require usage of this facility outside of thesehours, it shall be allowed subject to night-Ughting standards administered by the U.S. Fish & Wildlife Service. lfthe noise generated by this facility adversely impacts the nearby residentialsubdivisions to the west (eastern edge ofKekaha Town), the Applicant shall berequired to revise their operation hours such that the concerns are properlyaddressed and mitigated. 6.The Applicant shall develop and utilize Best Management Practices (BMP's)during all phases of development in order to minimize erosion, dust, andsedimentation impacts of the project to abutting properties. 7.The Applicant shall resolve and comply with the applicable standards and requirements set forth by the State Health Department, and the CountyDepartments of Public Works, Fire & Water. 8.The Applicant is advised thafshould any archaeological or historical resources be disqovered during ground disturqing/construction work, all work in the area of thear�haeological/historical :findings shall immediately cease and the Applicant shall contact the State Department of Land and Narural Resources -Historic · Preservation Division at (808) 692-8015 and the Planning Department at (808)241-4050. 9.The Applicant is advised that additional government agency conditions maybe imposed. It shall be the applicant's responsibility to resolve thoseconditions with the respe�tive agericy(ies) . .. 10. In order to minimize adverse impacts on the Federally Listed ThreatenedSpecies, Newell's Shearwater and.other seabirds, all e>,,.'iemal lighting shall be An Equal Opportunity Employer Loma A Nisbimitsu, Esq., Authorized Agent BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP. Page I 3 only of the following type: down:wardfacing shielded lights. Spotlights aimed upward or spotlighting of structures or physical features shall be prohibited. If you have further questions regar<?llg this matter, please contact Dale" A. Cua of my staff at (808)241-4050.Sincerely Yours," �� MICHAEL A. DAHILI Clerk, Kaua'i Planning Commission An Equal Opportunity En-ployer DonnaApisa Choir Glenda Nogami Streufert Vice-ChRlr KanoeAhuna RoyHo Kilno M. Keawe Wade Lord Sean Miuu�ney M6mbci:s PLANNING COMMISSION County ofKaua'i, Sta¥� ofHawai'i 4444 Rice Street Kapulc Building, Suite A-473 Uhu'c, Ho.wai'I 96766-1326 Th1. (808) 241-4050 PAX (808) 241-6699 Lorna A. Nishimitsu, Esq., Authorized Agent BELLES GRAHAM PROUDFOOT. WILSON & CHUN, LLP. Watumull Plaza 4334 Rice Street, Suite 202 Lihu'e, Hawai'i 96766 Subject: Class IV Zoning Permit lrIV-2015-16 Use Pennit U-2015-15 Variance Pe�t V-2015-2 Special Permit SP-2015-4 Tax Map Key: (4) 1-2-006:009 (Portion) Waimea, Kaua'i. MAUIASPHALTX-IV, LLC., Applicant Dear Ms. Nishimitsu, Michael A, Dabilig Clerk of tho Commission The Planning Commission, at its meeting held on JANUARY 23, 2018, a pp roved your request to extend the operation of the asphalt batch plant facility, The approval, as amended, amends· Condition No. 2 to read aS:follows and introduces two .additional conditions noted below: 2.The operation of this facility may continue until May 11, 2019. At theconclusion of this period, the foregoing permits shall be automaticallycanceled and the Applicant shall restore the project site as it was prior tooccupancy of lhe site, Any site improvemellts that were constructed shallbe immediately removed. Notwithstanding the foregoing, if prior to theexpiration date set forth above, !he· Applicant has exhausted its efforts toacquire a lease for property with the necessary size and zonjng, theApplicant may petition tllis Commission for either an extension of the saidpermits OR to secure permits without an expiration date subject, however,to the landowner's consent.An Equal Opportunity Employer EXHIBIT "B" Lorna A. Nishimitsu, Esq., Authorized Agent BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP. Request for Time Extension Pa gej2 11.The Applicant shall n.ot process asphalt where, at the beginning of the_work day, the prevailing winds are blowing Kona (inland).For work that has already commenced and where the prevailing windsshift to Kona and subsequently generate any complaints, the Applicantshall shut down its operations as soon as possible to mitigate any exposedtrenches_ at a job site in order to �sure it is covered and cleared for safety.12.The Applicant sb,all conduct an air quality test at the facility ( as mutuallyagreeable by the Director) between July 2018 (prior to commencement ofthe State DOE 2018-2019 school calendar year) and November 11, 2018.The results of the testing shall be promptly provided to the nearby WaimeaComplex Schools upon submission to the State Department of Health(DOH).Sincerely Yours, I MICHAEL A. DAHILIG Clerk, Kaua'i Planning Commission xc: COK-Public Works, Fire, Water, Finance-Real Property Division State -Health, Historic Preservation Division-DLNR. An Equal Opportunity Employer Ian K. Jung, Esq., Authorized Agent BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP. Watumull Plaza 4334 Rice Street, Suite 202 LThu'e, Hawai'i 96766 Subject: Class IV Zoning Permit Z-IV-2015-16 Use Permit U-2015-15 Variance Permit V-2015-2 Special Permit SP-2015-4 · Tax Map Key: (4) 1-2-006:009 (Portion) Waimea, Kaua'i MAUI ASPHALT X-IV, LLC., Applicant Dear Mr. Jung, Belles ·Graham LLP The Planning Commission, at its meeting held on OCTOBER 22, 2019, approved your request to extend the operation of the asphalt batch piant facility. As a result, the approval amends Condition No. 2 to read as follows: "2. The operation of this facility may continue until November 11, 2020. At the conclusion of this period, the foregoing permits shall be automatically canceled and the Applicant shall restore the project site as \t was prior to occupancy of the site. Any site improvements that were constructed shall be immediately removed. Notwithstanding the foregoing, if pri_or to the expiration date set forth above, the Applicant has exhausted its efforts to acquire _a lease for property . with the necessary size and zoning, · the· Applicant may petition this Commission for either an extension of the said permits OR to secure permits without an expiration date subject, hoyvever, to the landowner's consent." Sincerely Yours, Clerk, Kaua'i Planning Commission xc: . COK-Public Works, Fire, Water, Finance-Real Property Division State -Health, Historic Preservation Division-DLNR V:\2015 Maslerfila1\Regulatary\2oning Permifs\Class IV\Z·IV-2015·16\Carrespondence\Approval-310.23.19 DC Maui Asphall_Time Ixtenlian 2nd.docx December 9, 2020 Ian K. Jung, Esq., Authorized Agent BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP. Watumull Plaza 4334 Rice Street, Suite 202 LThu'e, Hawai'i 96766 Subject: Dear Mr. Jung, Class IV Zoning Permit.Z-IV-2015-16 Use Permit U-2015-15 Variance Permit V-2015-2 Sp,ecial Permit SP-2015-4 Tax Map Key: (4) 1-2-006:009 (Portion) Waimea, Kaua'i MAUI ASPHALT X-IV, LLC., Applicant Melvin Chiba Helen Cox Francis DeGracia Roy Ho Lori Otsuka MEMBERS The Planning Commission, at its meeting held on DECEMBER 8, 2020, approved your request to extend the operation of the asphalt batch plant facility. As a result, the approval amends Condition No. 2 to read as follows: "2. The operation of this facility may continue until November 11, 2021. At the conclusion of this period, the foregoing permits shall be automatically canceled and the Applicant shall restore the project site as it was prior to occupancy of the site. Any site· improvements that were constructed shall be immediately removed. Notwithstanding the foregoing, if prior to the expiration date set forth above, the Applicant has exhausted its efforts to acquire a lease for property with the necessary size and zoning, the Applicant may petition this Commission for either an extension of the said permits OR to secure permits without an expiration date subject, however, to the landowner's consent." Sincerely Yours, � KA'AINA S. HULL . Clerk, Kaua'i Planning Commission xc: COK -Public Works, Fire, Water, Finance-Real Property Division State -Health, Historic Preservation Division-DLNR V:\2015 Mosler Files\Regulolory\Zoning Permils\Closs IV\Z-IV-2015-16\Correspondence\Approvol-4 11.09.20 DC Maui Aspholl_Time Exlension Jrd.docx LO T 85-C LD. CT. CONS. 155 LIMllED. COMMON ELEMENT FOR UNIT 3 {54.022 Acres) LIMlml COMMON ELEMENT FOR UNIT 6 (59.50B Acres) :'.\ • : .- -ur,UlEI> 0�/ �-' .: COMMON ELEMENT �: �/ / FOR UNIT 4 ; ";: :.,f (18.740 Acres) fl;/ ---��..---..........., ... : .-/, .. !/ : · ..... f /i SfllOO AU-2 .636 ACRC:S) LIMITED � COMMON ELEMENT � FOR UNIT 7 '->-. (12.995 Acre,) 111SPA11JJ.. umrC•'x<'J 921>0°.-110.491 <·,�==.::.:-:-��1 to:f,5 ... �.. ---!l!!"!. ! Ji I G H \V1•:-�-1i;;_o;, ! lo I� •tT •:G :� INSET1 � s�«c: , ... 100'\JLI OT:715-UIAJTEO L D. coiw��N U�5ENT (53,438 Acres) C T.f CON ::1£>.SDAOO �i (2.818 A.I t! ,,-j LIMITED /i" i/!i LIMITED '!'<>,• f: COMMON El.El,!� ;-COMMON : ··••":;-:�67: FOR UNIT J ! ELEMENT as�>;:'-_i� ·• ..• : (162.00, (4'x4'') .,:� BsPAlJAL UN1T :r-(�'x4') .1r.1��W-'-�· ;;_JU.JI l�� UHIT (<'•<1 ELEMENT FOR UNIT 10 'f ! !J (2.533 Acres) KA UM U AL I' I HIGH IV A Y INSET 2 � Scdle: , .. .,. 60' \JV LOT CT. 85-C CONS. 1 5 5 UII.ITEO COMMON El.El,IENT FOR UNIT 5 53.438 Acres) 93? L ::-:: ....... � RDLNAHT X •-... �or. Grant 12,142 9.S'i+'JO ..... 196'22":?D' 30.1 LIMITED../ COMMON ELEMENT FOR UNIT 10 (2 .533 Ac,es) ICAU!JUALl"I HIGHWAY INSET;; � Scdc: 1'" • 60" \JV Jc'o t:umbcr: 10-HS MA Drowng fit: 10-1.t6.dwg __ ,/"----._ __ _/ -------- '). LOTD •• ) ,"\). ·"\, �,,;..-ct\{� I --� '\ '\ " --------EASElCENT A ����fe ��t:>J�J HUklPO ROAD 127.tf " EAsmEHT s-1 A\70 n; l\iDE STOiW DITCH) . '.'\ ,... (op-le loovUon) · '-,, � 5/;: LIMITED COMMON ELEMENT FOR UNIT 1 (159.475 Acres) lOT A-1-A NOTES: L' ,'J'l· y)· c:t·. � u.� " -" ===-==--.,..,_ -�--- '\ .. "'-':-.. ""''\\ \\ \\ \\ \\ \\ \\ \\ \\ \\ 1 II ;-.-:-:J,.·;,'..:-:-.. ·II•• -11 11· II I/ EASDIEHTAI II (2.818.A· IIII11 LIMITED // COIAMOII ELEMENT // FOR UNIT 5 // (53.438 Acres) II II II II II // LIMITED // COMMDH ELEMENT FOR IJNIT 10 SE£ 2.533 Acres) r- _L.J,._ Indicates vehfc,..dor access permitted. � Indicates no vehicu!or occess pumiUed. This project does not involve the sole of individual subdivided lots. The dolhd lines on the Condominium Mop ore for 11/ustrotion purposes only. They represent either a limited common element or common clement. 92"0D' UNIT NO. IRIITI -2 UllTS -·UNITS Ul<IT• IRiTT ...,.. Ulll1'9-...,.,o ··------·----.,____� --p l O 7 8 '·------ ' '· ",. . ' . ------··� ··•·:lO'-.::"-�··�;;.-220-:00"'i),'t ,..��-- � I• ,::::_!f.f�IO>'iz'::::._J(f<a...._,>SJl7o, ,-._ L D. CT. C 0 11 S. UMllED COMMOH ELEMENT FOR UNIT 3 (54.022 Acres) LIMITED COMMON ELEMENT FOR UNIT 6 (59.508 Acres) 1 5 5 .. · .. 7$5.:..20= -4305,6::J KA u Mu AL 1\1 HIGHY/AY COORDINAlES FOR AREA SPAllAL UNllS (ACRES) (CENTER Of UN11) 1,6'19,15 s. 7,303.99 \'/. 159.47!1 J,030.62 S. 3,620.37 W 33.549 2,B9 4.24 S.. 6,770.Da \V. S4.022 2.891.54, S. �683.39 \'t. 18.740 1,667.15 s. 7,'STJ.99 \'I. SJ.4lll 1.&31.12 s. 1.1n.ss w. 59.508 1,529.30 S. -1,,233.00 \Y. 12.9 95 1,.C.14.09 5. :S,-408 • .;9 W. ..... . ri-Ja;:--..... ...._ &6)!:-fa , --._ ,,._ . vem,S-A c.Or A 6-s's.,,::-....__ �-"1RIJl9TW ,, .... 7 .... 8 ,�, �>> ::--... ">):�� • ..... -� �. is"A Cot�M��l'�ENT FOR UNIT 2 . 05 (33,549 Acres) ·:·.��:;.: 99,a_{j"••·--::-:: • .._,. 4o� •� 2 �1.&7 N ··•�� F.ASfJJOOA�2�°#!/ ·-TRAH�0�2�U�.6 f .2ei.6j••• (1.636 Acats) �/ff:,, UMITED f Sl'A'IIAL UNI COMMOH EI.EIAENT ff C•"x+') ··:;t� fOR UNIT 4 :Jf EASEJ.100' 25�-:?k, ., �-SE�.!�s;LL _____ .:u'/,f �,,.;,, (18.740 Ac.es) / LIMllED EMDJOlT ,._'\'?,(f./�f r , ///'/Ji '"T13-B � /!COMMON ELEMENT �� ' ii ! FOR UNIT 9 ! (13.375 Acres) o: EA.SOJfJIT ,,, 1.JJ';ilir l?f ilk" --,..:o,,.,--= -,,. ·'So�� : , ' : 1��}J ,,..-$-�•-•• "J�tf 0-oo·;,:; :�(3G.J1) �" I �-ClSBO ACRE) 1os·,c;•J =-�k_}µ.:i;:.;::;..,f-' // I ... �. 1.WJ1BJ I BC6.BS .:::::,�-��6A9 '{.'.J,. I /j/ CCMMON I Hl!:�! �/ ✓.:! =� ........... �··-�.,., L,�� � 7 I "TRANSIT"' '/,NUS-A If: EASOJENT .�.,,,�-'1/.. ,I" � Ac,es) I f COMM�tf�ENT --�f.,,,,...300•31• LOT 1:,.:c.;;;rr---_�� I h FOR UNIT s !���!"llc ·� ,zo ... mg�� 8/ (9.395 Acres) �."':!' M:liTI VI' OFYc:Hll ><NU3S"",A �i SPA1t/,L lffT �/110�.iitJI --;:::i-:._�--:" ·(4"x4'1 EASEMEMT11 /. ,-0-2 cl 'd .,.,uu1.1 �-J�,�--•• _ tZ. ----;---•::! ,, It< l lOT 9 LDT B L D. CT. � ,,._ �Ii 11 1 -�"' 2,617.lO"S. 2.523.24 \Y, 1,594-.45 S. 7,399.16 \V. 13.37S 2.533 AMENDED MAP #2039 MAUKA 1/11.1:AGES CONOOMINIUM UNl1S 1 TO 10, INCLUSIVE Al cootdnolr:i oro refund to trlongulotion staUcn •tiWiSrr o, va,.,s•. AND DESIGNATION OF EASEMENTS D-1 & AU-1 TO AU-4, INCi.US!� BBNG LOlS 1-0, 3-0, 3-A-4, 3-8-2 GRAPHIC SCALE 'k;-;d .• 1J' T � T (mm:r) 1 Jnch .,. 300 ft. TrllS YIOtUC \'t,\S PREPAAE:O BY UE OR UHDER NY SUPat'ASIOH 1J11-<:E� tsA..'Q SURVE'nNQ 11: IIAPANC. INC. EXPJRES: A.ORR. JO, 2012 & 3-D-2 Of LANO COURT APPLICATIDH 937, LOT A-1-B OF LANO COURT APPLICATlON 10711, LDT 85-C Of LAND COURT CONSOLIDATION 155, REMNANT K Of MANA-KEKAHA ACCESS ROAD, HAWAU PROJECT NO. DA-\\R1 & PORTION Of REMNANT J OF KAUAI BELT ROAD, F.A.P. 29-0(1) BBNG ALSO PORTIONS OF GRANT 12,142 Kl'l(l,\Ol.A, WNLIEA. KAUAI, HAWAJI n.t.t(: (.C.) t-2-0S: 2:0 k: Pcsr:. DI OWncr. MvukQ Vifoga llC. Dole: Decemba" t, 2010 = � :: E--t 1-( � � ESAKI S\JRVE'!lNG & MAPPING, INC. � fng\uius -Lend SUM:)Onl -PJo,iners 1610 Holcul:ono Sbut lthue. Kouni, Mo'.,.c,ii 957&5 _. ;• , , .•. !• "' . -.,, ,., - i 11 3:11 .LIRIHX:ff !- w V\ :::, 0 :::c I..;) =:c 00 .l L l ----------··-------------·--·--·-. -· ··-. ·---------·· .. -·----···-------·-,,· --· ···-··-·--........................ ·-··-·· ........... . i' i ... ' ,·r . 71. I C.. I -·-····--•· ............... ,_ .. ,,..... . .. ..': Ma.ti I Atpfl�l:t-i·;;iV� L:�(l -:e,i� 5 ,��-;v;s�z:...-, Aston \Naimea Planration Co).tag·es 11 Proposed Plant Locati1;m deScent® Asphalt Odor Suppressant Additive REDUCES HYDROGEN SULFIDE AND OTHER voe EMISSIONS BY UP TO 90% Asphalt binders used in paving and roofing applications often emit unpleasant odors during heating, mixing, transfer and application which can cause problems for asphalt producers and contractors. Odorous volatile organic compounds (VOCs) compromise worker safety, degrade air quality, and generate adverse reactions and complaints from residents in nearby communities. Oftentimes this applies pressure on asphalt terminals and plants to restrict or relocate operations. 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Th¼ mforrr .Jt c-n :-::1�t.:1n':::: 1,-:-.. -z1� i p:·a;+!�l'iJ in ;�•,v il'th 2r...:2 bi-;,-;,j t:: I.:¾ i-:.c.,.rali. hv·:,-;·:a--, A rt.,ljz ;:;-.,..:h,·:U, L::. ,Bi1.,r1,;,s l"'C r-ui=,:,,s.b t t:, :t :;.b1 t•/ fo• It'� u•l.:,;n-•at,�r p•;;i1; .:lo;::. ;';,r�;i�:���d�t:�� ���,.�����J�tf)�! ;:rf;'.-:�·J1�hB :1th<!· ;.,p··,3::;s :,: n-pl o;c .:i l'ra•cl':,aJrlJ.bil l:, i'tn-:-:H i-J: i p3·fo:•.,I � · �•.1 ·�•,::;� �: ::! !=tlf _,focr nJt�""<! -;, "th r�ip��t t•:; d•o;: -t 2JI? Ar•1\b.: ?r-:,.j -:ts ':..?.,\I rsht! ·e-Hr•-:d, rn:s rl,:t:S-r'.1t r.u:-' ,· . ..:t be "-!pr..:cu.:-::! . .::spla:-o?-d. rr.cdii �C �r -:1ttd:._ t-!d Y; tJ-:,:•;l th� !.,pr-:ss j.:":,:r ,,r1tt�r p-!rn:ssi•=n 01 th� ccp:, 191··1 h,:I�¼. DEPARTMENT OF PLANNING KA'AINA HULL, DIRECTOR JODI A. HIGUCHI SAVEGUSA, DEPUTY DIRECTOR I.SUMMARY Action Required by Planning Commission: Permit Application Nos. Name of Applicant(s) II.PERMIT INFORMATION [8J Use Permit DIRECTOR'S REPORT DEREK S.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR Consideration of Applicant's request to AMEND Condition No. 2 Class IV Zoning Permit, Use Permit, Variance Permit and Special Permit to allow continuation of operation involving the asphalt batch plant facility. Class IV Zoning Permit Z-IV-2015-16 Use Permit U-2015-15 Variance Permit V-2015-2 Special Permit SP-2015-04 Maui Asphalt X-IV, LLC. Ian K. Jung, Authorized Agent PERMITS REQUIRED A Use Permit was required as the proposed use is not generally permitted within the Agriculture District (A). D Project Development Use Permit [8J Variance Permit A Variance Permit was required to deviate from the maximum height limitation within the Agriculture District. [8J Special Permit A Special Permit was required since the proposed use is not a permitted use within the State Agricultural Land Use District. [8J Zoning Permit Class Pursuant to Section 8-8.4 of the KCC, 1987, as amended, a [8JIV Class IV Zoning Permit is a procedural requirement for 0111 obtaining a Use Permit within the Agriculture (A) zoning district, and for applications involving a Variance Permit. D Special Management Area Permit □useD Minor AMENDMENTS D Zoning Amendment I.3.a. Jan. 10, 2023 D General Plan Amendment D State Land Use District Amendment Date of Receipt of Completed N/ A Application: Date of Director's Report: N/ A Date of Public Hearing: N/ A Deadline Date for PC to Take Action N/ A (60TH Day): Ill. PROJECT DATA PROJECT INFORAMTION Parcel Location: Waimea. The parcel situated on the mauka side of the Kaumuali'i Highway, approximately 0.25 mile inland and 0.75 mile west of Waimea Canyon Middle School. Tax Map Key(s): 1-2-006:009 (Portion)I Area: I 2 acres ZONING & DEVELOPMENT STANDARDS Zoning: Agriculture (A) State Land Use District: Agricultural General Plan Designation: Agriculture Height Limit: 50 feet Max. Land Coverage: 50% Parking Requirement: Off-street parking provided on-site Front Setback: 10 feet Rear Setback: 10 feet Side Setback: 5 feet Community Plan Area: NA. Community Plan Land Use Designation: NA. Deviations or Variances Requested: Deviation from height requirement. IV.LEGAL REQUIREMENTS Section 8-3.l(f), KCC: N/A Commission Meeting Date: JANUARY 10, 2023 Z-IV-2015-16, U-2015-15, V-2015-2, SP-2015-4; Director's Report (3•d Ext) Maui Asphalt X-IV, LLC. 12.27.2022 21Page V.PROJECT DESCRIPTION AND USE BACKGROUND The subject permits allow the Applicant to operate an asphalt batch plant facility that is associated with the highway improvements in Waimea. The project was originally scheduled to be completed in 12 months and the Applicant was to remain on site for another 12 months in order to fulfill obligations involving the warranty period. The permits were approved by the Planning Commission on May 12, 2015. As originally approved, Conditions No. 1 & 2 reads: "1. The operation of the asphalt batch plant facility shall be limited to the representation as noted in the application. Any changes to said structures and/or facilities shall be reviewed by the Planning Department to determine whether Planning Commission review and approval is warranted. 2.The operation of this facility shall be limited to thirty {30} months from the date of approval. At the conclusion of this period, the foregoing permits shall be automatically cancelled and the Applicant shall restore the project site as it was prior to occupancy of the site. Any site improvements that were constructed shall be immediately removed." Subsequent to the Commission approval, the Applicant submitted a request to amend the conditions noted above to allow continuation of its operations and to seek additional sites in order to accommodate their operations. On January 23, 2018, the Commission approved their request and modified Condition No. 2 of the Permits to allow continuation of its operations through May 11, 2019 at the subject site. Time extensions invdlving the operation of the facility was considered by the Planning Commission in 2019 & 2020. The batch plant was allowed to continue to November 11, 2021. VI.APPLICANT'S REASONS/JUSTIFICATION REQUEST The Applicant is seeking additional time to operate the facility since they've acquired additional roadway improvement projects on island (refer to Page 4 of the Application). In previous extension requests, the Applicant mentioned that they've explored the possibility of relocating its operations to an appropriately zoned parcel but unfortunately, there isn't a parcel that's readily available or large enough to accommodate their operation. Z-IV-2015-16, U-2015-15, V-2015-2, SP-2015-4; Director's Report 13,a Ext) Maui Asphalt X-IV, LLC. 12.27.2022 31Page As such, the Applicant is again requesting to amend Condition No. 2 to allow operation of this facility for another two (2) years (refer to Page 5 for further justification). Based on this request, the validity of the project permits would be amended from November 11, 2021 to November 11, 2023. VII.PRELIMINARY EVALUATION In considering the Applicant's request, it should be noted that the department has not received recent complaints regarding the operation. It is noted that the Applicant has addressed the odor concerns that was made in 2020. The concern involved the odors emitted during Kena winds where the smell would linger around portions of Kekaha as well as the neighboring Waimea Canyon Middle School. In addressing this concern, the Applicant switched to a product that negates the use of an odor suppressant. In spite of changing to a petroleum product, the Applicant still uses a conditioning agent as an additive to suppress odors. The facility provides full-time employment to Kaua'i residents. Maui Kapono Builders, an affiliated business with the Applicant and to whom the Applicant provides product, employs nine (9) full-time local residents. Loss of the use of the subject property would result in temporary or permanent displacement of employees of both the Applicant and its affiliate. The extension request was routed to the various reviewing agencies for comment and there was no objection to the Applicant's request (refer to Exhibit 'A'). The extension of time allows for a reasonable time towards the completion of the project. Based on the foregoing circumstances, the Applicant's reasons are justifiable and no problems are foreseen in granting the Applicant's request. If the Applicant is unable to comply with the amended development time line and therefore requests for further time extension, the Applicant is advised that any new laws, ordinances, or regulations that have been implemented within this time frame may become applicable to the project. It is important to recognize that allowing this project to lapse will NOT prevent the Applicant or land owner from re-applying for the same type of permits. At such time the Applicant or land owner is ready to pursue this project, a new zoning permit application may be submitted and processed. VIII.PRELMINARY RECOMMENDATION It is recommended that the Commission approve the extension of time to allow the operation of the asphalt batch plant facility at its current location. Furthermore, Z-IV-2015-16, U-2015-15, V-2015-2. SP-2015-4; Director's Report (3•d Ext) Maul Asphalt X-IV, LLC. 12.27.2022 41Page Condition No. 2 of Class IV Zoning Permit Z-IV-2015-16, Use Permit U-2015-15, Variance Permit V-2015-2, and Special Permit SP-2015-4 would be amended to read as follows: 2.The operation of this facility may continue until November 11, 2023[�m1ember 11, 2021]. At the conclusion of this period, the foregoingpermits shall be automatically canceled and the Applicant shall restore theproject site as it was prior to occupancy of the site. Any site improvementsthat were constructed shall be immediately removed. Notwithstanding theforegoing, if prior to the expiration date set forth above, the Applicant hasexhausted its efforts to acquire a lease for property with the necessary sizeand zoning, the Applicant may petition this Commission for either anextension of the said permits OR to secure permits without an expirationdate subject, however, to the landowner's consent. Furthermore, the Applicant is advised that all applicable conditions of approval shall remain in effect. (Language to be repealed are bracketed and stricken; additional language to existing Conditions is underscored. Should the Commission accept any or all of the Department's recommended amended Conditions of Approval, later reproductions of said amended Conditions shall exclude underscoring and bracketed and stricken material) The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view of the forthcoming public hearing process scheduled for January 10, 2023, whereby the entire record should be considered prior to decision making. The entire record should include but not be limited to: a.Pending government agency comments;b.Testimony from the general public and interested others; andc.The Applicant's response to staff's report and recommendation asprovided herein. By_���·.,._____,_.,...'............._�,,...---­DALE A. ClbA Planner r Approved & Recommended to Commission: By��� t'J:::?r_' - �� Director of Planning Date: SI Page Z-IV-20I5-16, U-20I5-15, V-20I5-2, SP-2015-4; Director's Report i3•d Ext) Moui Asphalt X-IV, LLC. 12.27.2022 EXHIBIT ''A 11 (Agency Comments) COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET, SUITE A473, LIHU'E, HI 96766 Phone: (808) 241-4050 19 SEP 12 P .l •C::00 .., . .., TO: Kaaina S. Hull, Director (Cua) Wedn ugust 21, 2019 SUBJECT: Class IV Zoning Permit Z-IV-2015-16, Use Permit U-2015-15, Variance Pe1mit V-2015-2, Special Permit SP-2015-4, Petition to modify conditions Nos. 1 and 2, TMK (4)1-2-6:9, Maui Asphalt X-IV, LLC PW 08.19.102 FROM: □ [g] □ □ � □ □ □ □ � □ □ □ □ Department of Transportation -STP DOT-Highways, Kaua' i DOT-Airports, Kaua'i (info only) DOT-Harbors, Kaua'i (info only) State Department of Health State Department of Agriculture State Office of Planning State Dept. of Bus. Econ, Dev. Tourism State Land Use Commission State Historic Preservation Division DLNR -Land Management DLNR-Forestry & Wildlife DLNR-Aquatic Resources DLNR-OCCL [g] □ □ □ □ □ [g] □ [g] □ □ □ □ □ □ FOR YOUR Cp_lYiMENT�. (p,ptaining to your department): DPW -Engineering DPW -Wastewater DPW -Building DPW -Solid Waste Department of Parks & Recreation County Housing Agency Fire Department County Economic Development Water Department KHPRC Kaua'i Civil Defense U.S. Postal Department UH Sea Grant County Transportation Agency Other September 10, 2019 We have reviewed the subject application for the modification of conditions to Class IV Zoning Permit Z-IV-2015-16. The applicant is petitioning for an extension of time for the operations previously authorized. We have no comments. Sincerely; � 1chael Moule, P .E. Chief, Engineering Division puty County Engineer MM/SI copy: Design and Permitting This matter is scheduled for a public hearing before the County ofKaua'i Planning Commission on Tuesday October 22,2019 at the Uhu'e Civic center, Moikeha building, Meeting Room 2A-2B, 444 Rice Street, Uhu'e, Kaua'i, at 9:00 am or soon thereafter. lf we do not receive your agency comments by October 15, 2019, we will assume there are no objections to this permit request. Mahalo!